Samuel Morgan v. Hardy, 7th Cir No. 10-3155, 11/7/11 seventh circuit decision Habeas – Recantation The Illinois state court didn’t mishandle either the facts or applicable law, and its rejection of State witness Prater’s post-trial recantation as incredible wasn’t unreasonable. The petitioner’s task is to “show[] that the state court determined an underlying factual issue against the clear and… Read more
22. Habeas corpus
Bobby v. Archie Dixon, USSC No. 10-1540, 11/7/11 (per curiam), reversing Dixon v. Houk, 627 F.3d 553 (6th Cir 2010) Under the Antiterrorism and Effective Death Penalty Act, a state prisoner seeking a writ of habeas corpus from a federal court “must show that the state court’s ruling on the claim being presented in federal… Read more
Matthew Steffes v. Thurmer, 7th Cir No. 09-3317, 11/4/11 seventh circuit decision, denying habeas relief on review of 2006AP1633-CR The “concurrent sentence doctrine” – which “allows appellate courts to decline to review a conviction carrying a concurrent sentence when one ‘concurrent’ conviction has been found valid,” Cheeks v. Gaetz, 571 F.3d 680, 684-85 (7th Cir.2009) – doesn’t… Read more
Cavazos v. Shirley Ree Smith, USSC No. 10-1115, 10/31/11 (per curiam); prior history: Smith v. Mitchell, 437 F.3d 884 (9th Cir. 2006), vacated and remanded in light of Carey v. Musladin, 549 U. S. 70 (2006) by Patrick v. Smith, 550 U. S. 915, reinstated on remand, 508 F. 3d 1256 (2007); vacated and remanded in light of McDaniel v. Brown, 558… Read more
Docket Decision below: Wood v. Milyard, 10th Cir, 11/26/10 Questions Presented (by the Court): 1) Does an appellate court have the authority to raise sua sponte a 28 U.S.C. §2244(d) statute of limitations defense? 2) Does the State’s declaration before the district court that it “will not challenge, but [is] not conceding, the timeliness of Wood’s habeas petition,” amount to a deliberate… Read more
seventh circuit court of appeals decision Habeas – Ineffective Assistance, State Court Failure to Reach – Standard of Review … When “no state court has squarely addressed the merits” of a habeas claim, however, we review the claim under the pre-AEDPA standard of 28 U.S.C. § 2243, under which we “ ‘dispose of the matter as… Read more
seventh circuit court of appeals decision Habeas – Counsel – Appeal When a defendant in a criminal case specifically instructs a lawyer to file a notice of appeal, the lawyer’s failure to do so deprives the defendant of the Sixth Amendment right to counsel, regardless of whether an appeal was likely to succeed. Roe v. Flores-Ortega, 528… Read more
seventh circuit court of appeals decision, denying habeas relief on review of Wis. COA No. 2008AP1533-CR; prior history: 2001AP713-CR, 1995AP1856-CR Habeas – Exculpatory Evidence – Available to Defendant Jardine argues that the State suppressed exculpatory evidence, namely that post-conviction testing of the gun he admittedly possessed but denied using to club the victim didn’t reveal the presence of… Read more
