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6. State’s defenses

Question Presented (from cert pet): In federal habeas proceedings, undersigned counsel raised for the first time a claim under Wiggins v. Smith, 539 U.S. 510 (2003), that trial counsel were ineffective for failing to investigate the extraordinary mitigating evidence in Mr. Trevino’s life. The federal proceeding was stayed to allow exhaustion, but the Texas Court of… Read More


seventh circuit decision, denying habeas relief in 641 N.E.2d 371 (Ill. 1994) and 521 N.E.2d 38 (1988) Habeas Review – 6th Amendment Attachment of Counsel – State Court Findings The Seventh Circuit rejects, on habeas review of his Illinois conviciton, Thompkins’ challenge to admissibility of his statement. Thompkins made his statement after his arrest and, according to the state court, before… Read More

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seventh circuit decision Habeas – Procedural Default Defense: Waiver by State  Procedural default (here, failure to perfect the appeal in state court, hence failure to exhaust the claim) is an affirmative defense which may be forfeited or waived by the State. The State expressly waived any failure-to-exhaust objection, hence the court proceeds to the merits… Read More


State v. Jerred Renard Washington / Jerred Renard Washington v. State, 2012 WI App 74 (recommended for publication); case activity (974.06); case activity (writ) Habeas (Knight Petition) – Laches  Following his plea-based conviction in 1997, Washington’s retained counsel filed a postconviction 809.30 motion in 1998. Counsel did not file a notice of appeal, however, after the motion was denied. Then, in… Read More


Habeas – Procedural Bar: Waiver by State

Patrick Wood v. Milyard, USSC No. 10-9995, 4/24/12, reversing 403 Fed. Appx. 335 (10th Cir 2010) This case concerns the authority of a federal court to raise, on its own motion, a statute of limitations defense to a habeas corpus petition. After state prisoner Patrick Wood filed a federal habeas corpus petition, the State twice informed… Read More


Luis Mariano Martinez v. Ryan, USSC No. 10-1001, 3/20/12, reversing and remanding, 623 F.3d 731 (9th Cir. 2011) Where, under state law, claims of ineffective assistance of trial counsel must be raised in an initial-review collateral proceeding, a procedural default will not bar a federal habeas court from hearing a substantial claim of ineffective assistance… Read More


Marilyn Mulero v. Thompson, 7th Cir No. 10-3875, 2/7/12 seventh circuit decision Habeas – Procedural Bar  Muleros’ failure to present various claims “through one complete round of state court review” operates as procedural default; citing, Smith v. McKee, 598 F.3d 374, 382 (7th Cir. 2010). … While Mulero did present numerous other claims of ineffective… Read More


Habeas – Procedural Bar – Cause to Excuse

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