Gordon Sussman v. Jenkins, 7th Cir No. 09-3940, 4/1/11 7th circuit decision, granting habeas relief in State v. Sussman, 2007AP687-CR; in chambers opinion on stay Habeas – Confrontation – Rape Shield and Prior False Allegation The state court unreasonably restricted Sussman’s cross-examination of his chief accuser, and thus violated his right to confrontation, by precluding… Read more
22. Habeas corpus
7th circuit decision Habeas Review – Inadmissible Evidence – Harmless Error Error in jury exposure, during deliberations, to inadmissible police report deemed harmless where the report contained merely cumulative information, the trial court gave a curative instruction, and the evidence against Brown was overwhelming. The standard on direct appeal for measuring reversible error is the… Read more
Docket Decision below (11th Cir No. 07-15187, 10/26/09) Question Presented (by Scotusblog): Whether the Eleventh Circuit properly held that there was no “cause” to excuse any procedural default where petitioner was blameless for the default, the state’s own conduct contributed to the default, and petitioner’s attorneys of record were no longer functioning as his agents at… Read more
Felkner v. Steven Frank Jackson, USSC No. 10-797, 3/31/11 On habeas review under 28 U.S.C. § 2254, the court of appeals failed to give sufficient deference to the state court determination that the prosecutor had race-neutral reasons for striking 2 of 3 black prospective jurors. The prosecutor struck one juror because she had an MSW, and… Read more
Wall v. Kahlil Kholi, USSC No. 09-868, 3/7/11 Under the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA), “a properly filed application for State post-conviction or other collateral review with respect to the pertinent judgment or claim” tolls the 1-year limitation period for filing a federal habeas petition. 28 U. S. C. §2244(d)(2). The question in… Read more
Walker v. Charles W. Martin, USSC No. 09-996, 2/23/11 State court time limit for seeking postconviction relief needn’t be “fixed,” but instead may be discretionary in nature, for purposes of the habeas default rule. In a recent decision, Beard v. Kindler, 558 U. S. ___ (2009), this Court clarified that a state procedural bar may… Read more
district court decision, granting habeas relief on review of unpublished Wis COA opinion (2000AP-2460-CR); on remand from Toliver v. McCaughtry, 539 F.3d 766 (7th Cir.2008) for Toliver: Brian P. Mullins; Toliver BiC; Wis. Resp.; Reply Habeas – Ineffective Assistance – Deficient Performance Counsel performed deficiently in failing to call two potential witnesses who would have… Read more
district court decision, denying respondent’s motion to amend judgment granting habeas relief (post on original grant, here). Habeas – State’s Waiver The State’s failure to raise certain arguments, prior to grant of 2254 relief, waived its right to press those points on a Rule 59 motion to amend the judgment granting relief. The respondent in… Read more
