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
22. Habeas corpus
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Boatwright, 7th Cir No. 10-1156, 8/19/11 seventh circuit court of appeals decision, denying habeas relief on review of unpublished decision in 2003AP3412 and 2005AP1255 Habeas – Jury Selection – Ineffective Assistance – Defense Counsel’s Discriminatory Use of Peremptories In a nutshell,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
seventh circuit court of appeals decision Habeas – Certificate of Appealability Under § 2253(c)(2) of Title 28, “[a] certificate of appealability may issue . . . only if the applicant has made a substantial showing of the denial of a constitutional right.” The Supreme Court has observed that an applicant has made a “substantial showing” where “reasonable… Read more
Docket Lower court decision: Clair v. Ayers, 9th Cir. Nos. 05-99005, 08-75135, 11/17/10 Question Presented: At the end of ten years of capital federal habeas corpus proceedings in the district court, respondent suddenly complained about and sought replacement of his court-appointed public defender with a new appointed lawyer. The district court refused, explaining that “it appears Petitioner’s… Read more
seventh circuit court of appeals decision Habeas – Successive Petition – Rule 60(b) Motion A Rule 60 motion for relief from (habeas) judgment amounts to an impermissible successive petition – which the district court lacks jurisdiction to entertain – if it raises arguments forbidden by 28 U.S.C. § 2244(b)(1) or (2), Gonzales v. Crosby, 545 U.S… Read more
Docket Decision below: 623 F. 3d 222 (5th Cir. 2010) Questions Presented (from SCOTUS docket page): 1. WAS THERE JURISDICTION TO ISSUE A CERTIFICATE OF APPEALABILITY UNDER 28 U.S.C. §2253(C) AND TO ADJUDICATE PETITIONER’S APPEAL? 2. WAS THE APPLICATION FOR A WRIT OF HABEAS CORPUS OUT OF TIME UNDER 28 U.S.C. §2244(D)(1) DUE TO “THE DATE ON WHICH THE JUDGMENT BECAME… Read more
