State ex rel. Christopher L. Shelton v. Smith, 2010AP719, District 2, 1/26/11 court of appeals decision (not recommended for publication); case activity; State Resp. Shelton was sentenced on two pre-TIS counts: an active (indeterminate) prison sentence on one count and a consecutive term of probation on the other. He served out the first sentence, with the… Read more
22. Habeas corpus
Docket Decision below (617 F.3d 813 (6th Cir 2010)) Question Presented (by Scotusblog): Whether this Court’s clearly established precedent under 28 U.S.C. § 2254 holds that a prisoner is always “in custody” for purposes of Miranda any time that prisoner is isolated from the general prison population and questioned about conduct occurring outside the prison… Read more
Swarthout v. Damon Cooke, USSC No. 10-333, 1/24/11 Review under 28 U.S.C. § 2254 of a state’s decision to deny parole is limited to whether the inmate was provided an opportunity to be heard and a statement of reasons why parole was denied. The federal court simply has no authority to scrutinize the merits of the… Read more
7th Circuit decision Habeas – Procedural Default “Adequate presentation of a claim requires a petitioner to present both the operative facts and the legal principles that control each claim to the state judiciary.” (Quoting, Stevens v. McBride, 489 F.3d 883, 894 (7th Cir. 2007).) Suh procedurally defaulted his theory of recusal based on the appearance… Read more
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
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
