Alphonso Hubanks v. Frank, 392 F. 3d 926 (04-1043, 12/22/04) For Hubanks: Robert J. Dvorak Issue/Holding: Habeas relief is appropriate pursuant to § 2254(d)(1) if the state court identified the right legal principle as determined by the Supreme Court but unreasonably applied that principle to the facts of the case. The standard for proving an… Read more
22. Habeas corpus
State v. Iran D. Evans, 2004 WI 84, reversing unpublished decision of court of appeals For Evans: Robert R. Henak Issue/Holding: The petition for writ of habeas corpus procedure mandated by State v. Knight, 168 Wis. 2d 509, 522, 484 N.W.2d 540 (1992) is the exclusive mechanism for seeking reinstatement of direct appeal deadlines lost on account of ineffective assistance of counsel; the… Read more
Alan O. Moore, Sr. v. Mote, 368 F. 3d 754 (7th Cir. No. 03-3213, 5/17/04) Issue/Holding: Dismissal with leave to refile following exhaustion of state court remedies doesn’t support a notice of appeal: Generally, this court has jurisdiction only to review final judgments, 28 U.S.C. § 1291. The district court’s order dismissing the case without prejudice… Read more
State ex rel. William E. Marberry v. Macht, 2003 WI 79, reversing 2002 WI App 133, 254 Wis. 2d 690, 648 N.W.2d 522 For Marberry: Donald T. Lang, SPD, Madison Appellate Issue/Holding: ¶23. The extraordinary relief provided by the writ of habeas corpus is available only in limited circumstances and is subject to three prerequisites. Haas , 252 Wis. 2d 133… Read more
Clyde Piggie v. Cotton, 344 F.3d 674 (7th Cir. 2003) Issue/Holding: Requirement of certificate of appealability doesn’t apply to habeas challenge to state disciplinary proceeding, citing Walker v. O’Brien, 216 F.3d 626 (7th Cir. 2002). Rule reaffirmed: Edward D. Anderson v. Benik, No. 05-2323, 12/20/06 But for another circuit’s rejection of this approach, creating a potentially cert-worthy split… Read more
Terrance Bernard Davis v. Borgen, 349 F.3d 1027 ( 7th Cir. 03-2354, 11/20/03) Issue/Holding: A certificate of appealability of dismissal of a habeas petition filed four years after the deadline is vacated: To recap the statutory requirements: (1) A certificate of appealability may be issued only if the prisoner has at least one substantial constitutional question for appeal… Read more
State v. Rodosvaldo C. Pozo, 2002 WI App 279, 258 Wis. 2d 796, 654 N.W.2d 12 Issue/Holding: ¶8. Writ of habeas corpus is an equitable remedy that protects a person’s right to personal liberty by freeing him or her from illegal confinement. State ex rel. Dowe v. Waukesha County Circuit Court, 184 Wis. 2d 724, 728-29… Read more
State ex rel. Gerard Noel Haas v. McReynolds, 2002 WI 43, affirming unpublished court of appeals decision For Haas: Robert G. Bernhoft Issue/Holding: By voluntarily dismissing an appeal from denial of a first habeas petition, Haas was estopped from filing a second habeas petition in the court of appeals raising the same issue contained in the… Read more
