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Habeas Corpus

Apr 29, 2013

US Supreme Court finds defendant’s retro plea a tough sell

Can a common practice in criminal defense trigger constitutional protections when it’s suddenly changed?

Mar 1, 2013

US high court asks when procedural defaults bar ineffective assistance claims

Less than a year after creating a narrow right to make a federal ineffective assistance of counsel claim in a post-conviction proceeding despite a procedural default in state court, the justices of the U.S. Supreme Court tried to carve out the contours of that ruling during oral arguments in Trevino v. Thaler.

Dec 19, 2012

Habeas Corpus — ineffective assistance

10-3550 Woolley v. Rednour

Nov 20, 2012

Criminal Procedure — habeas corpus

11-3228 Ray v. Clements

Oct 31, 2012

Justices of US Supreme Court to consider limit of ineffective assistance ruling

In a case that could help establish the limits of the U.S. Supreme Court’s ruling last term in Martinez v. Ryan, which established defendants’ narrow right to the effective assistance of counsel in a post-conviction proceeding, the Court has agreed to decide whether a state court procedural default prevents a federal habeas court from hearing a post-conviction ineffective assistance claim.

Sep 25, 2012

Criminal Procedure — habeas corpus — ineffective assistance

2011AP2069 State ex rel. Blunt v. Smith

Aug 1, 2012

Immigration – removal — habeas corpus

11-2246 Rivas-Melendrez v. Napolitano

Jun 12, 2012

Criminal Procedure — habeas corpus — laches

2009AP746-W & 2010AP1064 State v. Washington

Apr 24, 2012

Criminal Procedure — habeas corpus — forfeiture

10-9995 Wood v. Milyard

Mar 20, 2012

Criminal Procedure — habeas corpus — venue

2011AP402 State ex rel. Walker v. Huibregtse, et al.

Dec 14, 2011

High Court rules federal court erred in granting habeas corpus

A federal court erred in granting habeas corpus to a defendant where the state’s witness was unavailable, because under the Antiterrorism and Effective Death Penalty Act a federal court cannot overturn a state court’s decision that the state took reasonable steps to find a witness merely because the federal court identified additional steps that might have been taken.

Nov 28, 2011

Habeas Corpus; Sentencing

10-2432 Purvis v. U.S.

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