22. Habeas corpus

seventh circuit court of appeals decision Habeas Review – IAC/Suppression Claim, Generally  Under Strickland, Rann must show that his counsel’s performance was deficient and that the deficient performance prejudiced his defense. Grosshans, 424 F.3d at 590 (citing Strickland, 466 U.S. at 687). When reviewing claims of ineffective assistance of counsel in habeas petitions, however, we… Read more

seventh circuit court of appeals decision Habeas Review – Miranda-Edwards  Coleman’s argument that his confession violated Edwards v. Arizona, 451 U.S. 477 (1981) (interrogation must cease immediately if suspect requests counsel) was rejected by the state court based upon a determination that he did not in fact assert his to counsel. Denial of relief is affirmed: Coleman admits but… Read more

seventh circuit court of appeals decision, denying habeas relief in 2008AP2735-CRNM (summary order) Habeas Review – Speedy Trial  Habeas relief denied on speedy trial challenge to 14-month delay between filing of complaint and scheduled start of trial, applying familar 4-part test of Barker v. Wingo, 407 U.S. 514 (1972). Although the first three aspects of the test work… Read more

seventh circuit decision, denying habeas relief in 783 N.E.2d 1140 (Ind. 2003) Habeas – Ineffective Assistance of Counsel  Habeas challenge to counsel’s performance in this capital case is limited to imposition of the death penalty, in three respects, all of which the court rejects. 1) Failure to ask the trial judge to have courtroom spectators stop displaying… Read more

Parker v. David Eugene Matthews, USSC No. 11-845, 6/11/12, reversing 651 F.3d 489 (6th Cir. 2011) In this habeas case, the United States Court of Ap- peals for the Sixth Circuit set aside two 29-year-old murder convictions based on the flimsiest of rationales. The court’s decision is a textbook example of what the Antiterrorism and… Read more

State v. Jerred Renard Washington / Jerred Renard Washington v. State, 2012 WI App 74 (recommended for publication); case activity (974.06); case activity (writ) Habeas (Knight Petition) – Laches  Following his plea-based conviction in 1997, Washington’s retained counsel filed a postconviction 809.30 motion in 1998. Counsel did not file a notice of appeal, however, after the motion was denied. Then, in… Read more

seventh circuit court of appeals decision Habeas Review – Batson Claim  The State’s pattern of peremptory strikes – at least 15, possibly 17, out of 20, directed at African-Americans – was so “disproportionate” as to “give[] rise to an inference of discrimination.” This is so, despite Harris limiting his challenges to 9 of these 17… Read more