Glenn Patrick Bradford v. Richard Brown, 7th Circuit Court of Appeals No. 15-3706, 2016 WL 4136957, 8/4/16 In a state postconviction proceeding Bradford presented new evidence from an arson expert named Carpenter supporting Bradford’s claim that he couldn’t have set the fire that was the basis for his murder and arson conviction. After the state courts denied… Read more
B. Federal
Robertson Fowler, III, v. Keith Butts, 7th Circuit Court of Appeals Case No. 15-1221, 2016 WL 3916012, 7/20/16 The Seventh Circuit holds a federal judge is always disqualified from hearing a collateral attack on a judgment he or she entered or affirmed as a state judge. Fowler filed a federal habeas petition contending that the lawyer in his… Read more
James R. Todd v. Kess Roberson, 7th Circuit Cout of Appeals Case No. 14-3430, 2016 WL 3568107, 7/1/16 Todd claims his trial lawyer was ineffective for inducing him to plead to a charge carrying a minimum of 6 years and a maximum of 60 years in exchange for the state capping its sentencing recommendation at 10… Read more
Anastazia Schmid v. Steven McCauley, 7th Circuit Court of Appeals No. 14-2974, 2016 WL 3190670, 6/8/16 Because the record discloses Schmid suffers from some sort of mental disability and may have been hindered by counsel’s failure, the district court acted too hastily in dismissing Schmid’s untimely habeas petition; instead it should have appointed counsel and, if… Read more
Eric Blackmon v. Tarry Williams, 7th Circuit Court of Appeals No. 14-3059, 2016 WL 3007212, 5/24/16 Two eyewitnesses to the murder of Tony Cox were shown a photo array and live line-up, and both independently identified Eric Blackmon—a man they did not know—as one of two gunmen who shot and killed Cox. The judge at Blackmon’s bench… Read more
Rashaad A. Imani v. William Pollard, 7th Circuit Court of Appeals No. 14-3407, 2016 WL 3434673, 6/22/16 Imani tried to exercise his right to self-representation under Faretta v. California, 422 U.S. 806 (1975), but the Wisconsin trial judge prevented him from doing so. In State v. Imani, 2010 WI 66, 326 Wis. 2d 179, 786 N.W.2d… Read more
Questions presented: Johnson v. United States, 135 S. Ct. 2551 (2015) found the residual clause of the Armed Career Criminal Act, 18 U.S.C. § 924(e)(B)(ii)(defining “violent felony”) unconstitutionally vague. That clause is identical to the residual cause in the career-offender provision of the United States Sentencing Guidelines, U.S.S.G. § 4B1.2(a)(2)(defining “crime of violence”) (1) Whether… Read more
Question presented: Duane Buck’s death penalty case raises a pressing issue of national importance: whether and to what extent the criminal justice system tolerates racial bias and discrimination. Specifically, did the United States Court of Appeals for the Fifth Circuit impose an improper and unduly burdensome Certificate of Appealability (COA) standard that contravenes this Court’s… Read more
