7th circuit court of appeals decision Habeas Review – Exculpatory Evidence Statements of three eyewitnesses, not disclosed to the defendant, that would have implicated the state’s principal eyewitness and otherwise impeached his credibility and that of 2 other state’s witnesses was “material.” It is reasonably probable that disclosure would have netted a different result, and… Read more
22. Habeas corpus
Renico v. Lett, USSC No. 09-338, 5/3/10 The state court’s conclusion of manifest necessity for mistrial where the foreperson reported inability to reach unanimity wasn’t unreasonable, hence grant of habeas relief is vacated: … (T)rial judges may declare a mistrial “whenever, in their opinion, taking all the circumstances into consideration, there is a manifest necessity”… Read more
7th circuit decision; on appeal after remand, Eric D. Holmes v. Buss, 506 F.3d 576 (7th Cir 2007) Competency of Petitioner, While Pursuing Habeas Relief Given that petitioner is clearly incompetent (“He is deeply confused, obsessed, and delusional”) court orders habeas proceeding suspended until state shows his condition sufficiently improved. This is a death penalty… Read more
Berghuis v. Smith, USSC No. 08-1402, 3/30/10 Defendants have Sixth Amendment right to impartial jury drawn from fair cross section of community. To establish prima facie violation of this “fair-cross-section,” requirement, a defendant must prove that: (1) a group qualifying as “distinctive” (2) is not fairly and reasonably represented in jury venires, and (3) “systematic… Read more
7th circuit court of appeals decision Habeas – Ineffective Assistance – Extraneous Juror Influence 1. Where both defendant and homicide victim were African-American, in-court proclamation from latter’s mother that “the situation is racist” is deemed to be “ambiguous and apparently innocuous.” It follows that counsel’s failure to pursue the matter was reasonable. Remmer v. United States… Read more
7th Circuit court of appeals decision Habeas – Procedural Bar Smith defaulted one claim by failing to raise it “in a full round of appellate review” in state court (i.e., he failed to include the issue in his request for Illinois supreme court review). He is unable to overcome the resultant bar on habeas review… Read more
7th circuit court of appeals decision; habeas review of: Wis court of appeals decision, 03AP3252 Habeas – Supplement Record … Although we generally decline to supplement the record on appeal with materials not before the district court, we have not applied this position categorically. See, e.g., Ruvalcaba v. Chandler, 416 F.3d 555, 562 n.2 (7th Cir. 2005) (in habeas… Read more
7th Circuit decision Habeas – Procedural Bar … If a state court clearly and expressly states that its judgment rests on a state procedural bar and does not reach the merits of a federal claim, then we are unable to consider that claim on collateral review. Harris v. Reed, 489 U.S. 255, 263 (1989); Pole, 570 F.3d at 937. And… Read more
