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
22. Habeas corpus
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
seventh circuit court of appeals decision; cert granted, 4/30/12 Padilla v. Kentucky: Retroactivity – Habeas Review The holding of Padilla v. Kentucky, 130 S. Ct. 1473, 1486 (2010), that as in incident of effective representation, “counsel must inform her client whether his plea carries a risk of deportation,” is a “new rule” within the meaning of Teague v… Read more
seventh circuit court of appeals decision, denying habeas relief in Wis COA No. 2008AP398-CR Habeas – Duty to Preserve Apparent Exculpatory Evidence Pretrial destruction of car driven by McCarthy didn’t violate State’s duty to preserve exculpatory evidence, the court rejecting McCarthy’s argument that the destruction unconstitutionally impaired his affirmative defense of brake failure (against charge of causing great bodily harm by… Read more
Joseph Muniz v. Smith, 6th Cir. No. 09-2324, 7/29/11 sixth circuit court of appeal decision Habeas – Ineffective Assistance – Sleeping Counsel The fact that counsel has slept through a portion of trial does not, alone, amount to denial of counsel so as to require relief under United States v. Cronic, 466 U.S. 648 (1984), rather than inquiry into the prejudice component of Strickland… Read more
MC Winston v. Boatwright, 7th Cir No. 10-1156, 8/19/11 seventh circuit court of appeals decision, denying habeas relief on review of unpublished decision in 2003AP3412 and 2005AP1255 Habeas – Jury Selection – Ineffective Assistance – Defense Counsel’s Discriminatory Use of Peremptories In a nutshell, this case presents the question whether the constitutional rights of the… Read more
