Consent – Habeas Corpus

By: Derek Hawkins//July 6, 2017//

Listen to this article

7^th Circuit Court of Appeals

Case Name: Timothy D. Moseley v. Paul S. Kemper, Warden

Case No.: 16-2247

Officials: POSNER, MANION, and KANNE, Circuit Judges.

Focus: Consent – Habeas Corpus

Timothy Moseley was convicted on three counts of possessing nude photos of T.H. that were taken without her consent. Prior to trial, Moseley moved to have the court review T.H.’s mental-health records in camera. At issue here is whether the Wisconsin appellate court’s decision denying that motion is “contrary to, or involved an unreasonable application of” Supreme Court precedent. 28 U.S.C. § 2254(d)(1). Because the Wisconsin appellate court’s decision is not substantially different from Supreme Court precedent and because the court did not unreasonably apply that precedent to Moseley’s case, we reject those arguments.

Affirmed

File Text

Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

Select Region or Brand

Upcoming Event