Harrington v. Richter, USSC No. 09-587, 1/19/11, reversing grant of habeas relief, in 578 F. 3d 944 The 9th Circuit failed to give sufficient deference to the state court’s determination that Richter received adequate representation, requiring reversal of it grant of AEDPA-2254 habeas relief. The principal thrust of the opinion relates to the standard of review, both… Read more
22. Habeas corpus
Premo v. Moore, USSC No. 09-659, 1/19/11, vacating grant of habeas relief, in 574 F.3d 1092 Moore, who admitted brutalizing the victim and shooting him in the temple, accepted a plea bargain on advice of counsel: he pleaded guilty to felony-murder, and received the minimum allowable sentence, thus avoiding a capital-offense charge. He raised a postconviction… Read more
7th circuit decision, reversed, Hardy v. Cross, USSC No. 11-74, 12/12/11 Habeas Review – Confrontation – Pre-Crawford (Ohio v. Roberts) Showing of Witness Unavailability The state court (Illinois) unreasonably applied controlling Supreme Court precedent in finding good-faith efforts to secure the presence of the declarant, before determining that she was unavailable so that her first-trial… Read more
Docket Decision below (CTA6) Questions Presented: Anthony Cooper faced assault with intent to murder charges. His counsel advised him to reject a plea offer based on a misunderstanding of Michigan law. Cooper rejected the offer, and he was convicted as charged. Cooper does not assert that any error occurred at the trial. On habeas review… Read more
7th circuit decision, habeas review of summary order of Wisconsin court of appeals, No. 2004AP2242-CR Habeas – Procedural Bar, Sentencing Objection Pomotor’s failure to object to information (the number of beers he allegedly consumed) in his alternative presentence report, worked a procedural default to his susbequent challenge to the sentencing court’s reliance on that information Promotor accurately argues that… Read more
7th circuit decision; habeas review of State v. Martin, No. 06AP2413 Habeas – Filing Deadline – SVP Martin’s habeas challenge to denial of his ch. 980 petition for discharge isn’t time-barred by the fact he could have raised the same challenge to his original commitment. Discharge typically requires a new determination of whether the SVP’s condition has… Read more
seventh circuit decision; denying rehearing and amending panel decision, Coleman v. Hardy (per curiam , 2/7/11) Habeas – Defaulted Claim – Assertion of Innocence Although Coleman defaulted his ineffective assistance of counsel claim by failing to raise it in state court, his allegation of actual innocence supports a “gateway” evidentiary hearing to determine whether to reach the… Read more
seventh circuit decision Habeas – Procedural Default A federal claim procedurally defaulted in state court works foreclosure of federal habeas review. That the state court engaged plain error review doesn’t mean that the default was overlooked and the merits of the claim reached. Here, the Illinois court refused to reach the merits of Kaczmarek’s Apprendi claim… Read more
