OT 11

U.S. v. Antoine Jones, USSC No. 10-1259, 1/23/12, affirming United States v. Maynard, 615 F.3d 544 (D.C. Cir. 2010), reh’g denied sub nom. United States v. Jones, 625 F.3d 766 (D.C. Cir. 2010); effectively overruling State v. Sveum, 2009 WI App 81, ¶8 The Fourth Amendment provides in relevant part that “[t]he right of the people to be secure in their persons… Read more

Cory R. Maples v. Thomas, USSC No. 10-63, 1/18/12, reversing 586 F.3d 879 (11th Cir. 2009) On “the uncommon facts presented here,” the Court finds that cause existed to excuse on federal habeas review Maples’ procedural default, namely his failure to file a timely appeal of his state (Alabama) postconviction petition. The sole question this… Read more

Rafel Arriaza Gonzalez v. Thaler, USSC No. 10-895, 1/10/12, affirming 623 F. 3d 222 (5th Cir. 2010) Habeas Procedure – Certificate of Appealability, Defects and Jurisdiction  … 28 U. S. C. §2253(c), provides that a habeas petitioner must obtain a certificate of appealability (COA) to appeal a federal district court’s final order in a habeas… Read more

Juan Smith v. Cain, USSC No. 10-8145, 1/10/12 Statements by the sole eyewitness, who identified Smith at trial as one of the perpetrators, that in fact he couldn’t see the faces of the perpetrators were “material” to determination of Smith’s guilt. Therefore, the state’s failure to disclose these statements before trial violated Smith’s due process… Read more

Barion Perry v. New Hampshire, USSC No. 10-8974, 1/11/12, affirming State v. Perry (N.H. sup. ct. 11/18/10) For purposes of due process, a pretrial identification isn’t suppressible unless the product of improper law enforcement activity. We have not extended pretrial screening for reliability to cases in which the suggestive circumstances were not arranged by law enforcement officers. Petitioner… Read more

Hardy v. Irving L. Cross, USSC No. 11-74, 12/12/11, reversing Cross v. Hardy, 7th Cir No. 09-1666 The Seventh Circuit grant of habeas relief, on the ground “the state failed to demonstrate that it employed good faith efforts to locate the complainant” before declaring her “unavailable” and allowing her prior testimony to be read to… Read more

Bobby v. Archie Dixon, USSC No. 10-1540, 11/7/11 (per curiam), reversing Dixon v. Houk, 627 F.3d 553 (6th Cir 2010) Under the Antiterrorism and Effective Death Penalty Act, a state prisoner seeking a writ of habeas corpus from a federal court “must show that the state court’s ruling on the claim being presented in federal… Read more