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Habeas Corpus

Sep 16, 2011

Police misconduct not grounds for new trial

Despite evidence that the police withheld exculpatory evidence and witnesses were not truthful at trial, a state prisoner convicted in 1994 of sexual assault and attempted homicide will not get a new trial.

Aug 23, 2011

Striking jurors based on gender is ineffective assistance

If a criminal defense attorney uses his peremptory challenges to exclude potential jurors because of race or gender, he violates the Equal Protection Clause, the Rules of Professional Responsibility and provides ineffective assistance of counsel.

Jul 6, 2011

10-3964 Ryan v. U.S.

Criminal Procedure Habeas corpus

Apr 29, 2011

09-3940 Sussman v. Jenkins

Habeas Corpus Ineffective assistance The State of Wisconsin’s motion to stay the mandate is denied. “Harrington addresses the situation in which a state-court decision ‘is unaccompanied by an explanation.’ Here, the state appellate court issued an opinion and wrote: ‘We do not address whether counsel’s performance was deficient because we conclude that, even assuming deficient [&hellip[...]

Apr 26, 2011

10-3318 Lavin v. Rednour

Habeas corpus Appointed counsel When an attorney believes that a claim not certified for appeal is arguable, counsel should move the court to expand the certificate to include the claim. “Counsel has no obligation to argue claims that are not certified for appeal. At least one court, if not two (as when this court has […]

Apr 21, 2011

Ineffective assistance claim denied

In two decisions this year, the U.S. Supreme Court made it tougher for state prisoners to obtain habeas corpus relief in federal court.

Apr 19, 2011

FORUM: Proposal to limit federal habeas corpus review of criminal convictions is wrong-headed and dangerous

In an editorial in the Sunday New York Times, April 17, 2011, entitled "Justice, Too Much and Too Expensive," two law professors from Indiana and Vanderbilt University present a radical proposal that federal court review of state court convictions under the writ of habeas corpus should be even more strictly limited than it currently is -- to just death penalty cases and cases in which the prisoner[...]

Apr 18, 2011

09-3851 Price v. Thurmer

Habeas Corpus Ineffective assistance It was not unreasonable for Wisconsin courts to conclude that an expert witness would not have given different testimony if presented with all the facts. “We cannot say that it was ‘unreasonable’ for the Wisconsin court to infer from the evidence presented to it that Drom would not have changed his […]

Apr 4, 2011

09-3940 Sussman v. Jenkins

United States Court of Appeals CRIMINAL OPINION Habeas Corpus Confrontation Clause; ineffective assistance It was unreasonable for the state courts to conclude that a defendant charged with sexual assault of a child was not prejudiced by his attorney’s failure to introduce evidence that the complainant had previously made false accusations of sexual assault. “We agree […]

Mar 31, 2011

09-3577 Jones v. Basinger

United States Court of Appeals CRIMINAL OPINIONS Habeas Corpus Confrontation Clause Where a state court judge admitted double hearsay against a defendant as substantive evidence to prove the defendants’ guilt, his federal habeas corpus petition should have been granted. “To think that any amount of instruction would enable a jury to disregard the damning substance […]

Mar 31, 2011

Plea bargaining advice deficient

In January, the U.S. Supreme Court accepted review of a case to decide whether a state prisoner can obtain habeas corpus relief in federal court, after he went to trial because his attorney gave him deficient advice during plea bargaining. In the meantime, the 7th Circuit is assuming the answer is “yes.” On Monday, it […]

Mar 28, 2011

09-1032 Kerr v. Thurmer

CRIMINAL OPINIONS Habeas Corpus Ineffective assistance; plea bargaining Where a state prisoner claims he would have accepted a plea agreement if his attorney had correctly conveyed it to him, and no evidentiary hearing was held, the district court should have held a hearing on the prisoner’s ineffective assistance claim. “When a petitioner fails to develop […]

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