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1. Certificate of appeal

Buck v. Davis, USSC No. 15-8049, 2017 WL 685534 (February 22, 2017), reversing and remanding Buck v. Stephens, 623 Fed. Appx. 668 (5th Cir. 2015) (unpublished); Scotusblog page (including links to briefs and commentary) Buck was found guilty of capital murder. Under state law, the jury could impose a death sentence only if it found Buck was… Read More

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Cesar Flores-Ramirez v. Brian Foster, 7th Circuit Court of Appeals Case No. 15-1594, 1/22/16 (per curiam) Flores-Ramirez is not entitled to a certificate of appealability in his challenge to the denial of his second federal habeas petition because two of his claims should have been brought in his first petition and the third claim doesn’t… Read More

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Humberto Sanchez-Rengifo v. J.F. Caraway, 7th Circuit Court of Appeals Case No. 14-2876, 8/14/15 Sanchez-Rengifo sought relief from his conviction for sexual assault by filing a habeas petition under 28 U.S.C. § 2241 arguing the evidence was insufficient to prove his guilt. The district court dismissed the petition on the grounds that the petition should… Read More

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Cory M. Welch v. Randall Hepp, 7th Circuit Court of Appeals No. 14-1164, 7/14/15 The Wisconsin Court of Appeals rejected Welch’s claim that he was denied a fair trial because of two improper comments by two witnesses. His habeas petition was denied by the district court, and the Seventh Circuit affirms, holding Welch has not shown that… Read More

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Jennings v. Stephens, USSC No. 13-7211, 2015 WL 159277 (January 14, 2015), reversing Jennings v. Stephens, 537 Fed. Appx. 326 (5th Cir. July 22, 2013); Scotusblog page (includes links to briefs and commentary) A federal district court granted Jennings’s habeas relief, ordering a new sentencing hearing based on two of the three theories of ineffective assistance of counsel that Jennings raised. The state appealed… Read More

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Question Presented:  Did the Fifth Circuit err in holding that a federal habeas petitioner who prevailed in the district court on an ineffective assistance of counsel claim must file a separate notice of appeal and motion for a certificate of appealability to raise an allegation of deficient performance that the district court rejected even though the Fifth Circuit… Read More

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Rafel Arriaza Gonzalez v. Thaler, USSC No. 10-895, 1/10/12, affirming 623 F. 3d 222 (5th Cir. 2010) Habeas Procedure – Certificate of Appealability, Defects and Jurisdiction  … 28 U. S. C. §2253(c), provides that a habeas petitioner must obtain a certificate of appealability (COA) to appeal a federal district court’s final order in a habeas… Read More

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seventh circuit court of appeals decision, denying habeas relief on review of Wis. COA No. 2008AP1533-CR; prior history: 2001AP713-CR, 1995AP1856-CR Habeas – Exculpatory Evidence – Available to Defendant Jardine argues that the State suppressed exculpatory evidence, namely that post-conviction testing of the gun he admittedly possessed but denied using to club the victim didn’t reveal the presence of… Read More

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