The State needs to respond promptly to habeas corpus petitions in federal court if it wants make substantive arguments defending the state court convictions.
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Habeas Corpus Judicial bias Where the trial judge in a murder trial was not aware that he was acquaintances with family members of the victim, judicial recusal was not required. “Recusal also may be required outside of these specific instances ...Read More »
Habeas Corpus Confrontation Clause Where the state failed to subpoena the complainant in a sexual assault trial, instead reading her testimony from the first trial into the record, the defendant’s right to confront the witness was violated. “We do not ...Read More »
Habeas Corpus Sexually violent persons Prisoners committed under Wisconsin’s sexually violent persons law can bring challenges in federal court to their annual recommitment orders. “Martin’s constitutional right to due process limits his civil commitment to the period during which he ...Read More »
Habeas Corpus Ineffective assistance It was not ineffective assistance of counsel not to move to strike a witness’ implication of the defendant in an uncharged crime. “Johnson next claims that trial counsel was ineffective for failing to object to witness ...Read More »