White v. Wheeler, USSC No. 14-1372, 2015 WL 8546240, 12/14/15 (per curiam), reversing Wheeler v. Simpson, 779 F.3d 366 (6th Cir. 2015); docket The Sixth Circuit Court of Appeals failed to give proper deference to the state courts’ rulings when it granted habeas relief on the ground that the state courts unreasonably applied Supreme Court precedent regarding removal of a… Read more
22. Habeas corpus
Chester O’Quinn v. Tom Spiller, 7th Circuit Court of Appeals Case No. 14-1836, 11/25/15 The state appellate court reasonably applied Barker v. Wingo, 407 U.S. 514 (1972), the controlling Supreme Court precedent for Sixth Amendment speedy‐trial claims, when it rejected O’Quinn’s claim that the 42-month delay in holding his trial violated his constitutional right to… Read more
State v. Larry D. Wright, 2014AP2672, District 1, 11/24/15 (not recommended for publication); case activity (including State’s brief) The court of appeals rebuffs Wright’s claim that postconviction counsel was ineffective for not raising a claim of ineffective assistance of trial counsel on direct appeal. The court also rejects Wright’s claim that the trial court engaged in improper ex parte communication with… Read more
Vernard Crockett v. Kim Butler, 7th Circuit Court of Appeals Case No. 14-2320, 11/17/15 Crockett procedurally defaulted his insufficient evidence and confrontation clause claims by failing to preserve the claims at various stages of his direct appeals in state court. In his state court appeal of his murder and attempted armed robbery convictions Crockett argued there was insufficient evidence to… Read more
Paysun Long v. Kim Butler, 7th Circuit Court of Appeals Case No. 13-3327, 10/27/15 Long is entitled to habeas relief because the prosecutor in his state murder trial failed to correct perjured testimony given by a state’s witness. Four eyewitnesses told police Long shot a person named Sherman. At Long’s trial, one witness maintained her identification, two… Read more
Question presented Did the Seventh Circuit violate 28 U.S.C. § 2254 and a long line of this Court’s decisions by awarding habeas relief in the absence of clearly established precedent from this Court? Docket 7th Circuit opinion Cert petition Scotusblog page Owens was convicted of murder at a court trial. Owens challenged the decision to convict… Read more
Percell Dansberry v. Randy Pfister, 7th Circuit Court of Appeals No. 13-3723, 9/15/15 The judge who took Dansberry’s guilty plea understated the mandatory minimum sentence Dansberry faced, and therefore Dansberry’s plea was not entered with a full understanding of the consequences, as required under Boykin v. Alabama, 395 U.S. 238 (1969), and Brady v. United States, 397… Read more
Mark D. Jensen v. Marc Clements, 7th Circuit Court of Appeals No. 14-1380, 9/8/15, affirming Jensen v. Schwochert, No. 11-C-0803 (E.D. Wis. Dec. 18, 2013) At Jensen’s trial for the murder of his wife Julie the State introduced Julie’s handwritten letter to the police, written two weeks before her death, in which she wrote she would never… Read more
