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
22. Habeas corpus
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
Docket Decision below: Martinez v. Schriro, 623 F.3d 731 (9th Cir. 2010) Question Presented: Whether a defendant in a state criminal case who is prohibited by state law from raising on direct appeal any claim of ineffective assistance of trial counsel, but who has a state-law right to raise such a claim in a first postconviction… Read more
On Point is very pleased to present this guest post discussion of Skinner v. Switzer by Brandon L. Garrett, Professor of Law, University of Virginia. Professor Garrett’s most recent book, “Convicting the Innocent,” was reviewed by in the New York Times Sunday Book Review 5/26/11. The U.S. Supreme Court settled another boundary dispute about what… Read more
in-chambers opinion on motion to stay mandate Habeas – Stay of Mandate The State’s request to stay the mandate in the court’s grant of relief is denied by Judge Ripple’s in chambers opinion. The standard for granting a stay is set forth in Books v. City of Elkhart, 239 F.3d 826, 828 (7th Cir. 2001)… Read more
Bobby v. Harry Mitts, USSC No. 10-1000, 5/2/11 (per curiam) The death penalty may not be imposed when the jury isn’t permitted to consider a verdict of guilt on a lesser included, non-capital offense supported by the evidence, Beck v. Alabama, 447 U.S. 625 (1980). As the Court now notes: such a scheme intolerably enhances the… Read more
