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f. Supplementing record

Cullen v. Scott Lynn Pinholster, USSC No. 09-1088, 4/4/11 We first consider the scope of the record for a §2254(d)(1) inquiry. The State argues that review is limited to the record that was before the state court that adjudicated the claim on the merits. Pinholster contends that evidence presented to the federal habeas court may… Read More

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Habeas – Evidentiary Hearing

William Kerr v. Thurmer, 7th Cir No. 09-1032, 3/28/11 – Part III 7th circuit decision, on habeas review of summary orders in 2001AP168 (§ 809.30 appeal) and 2003AP2332 (§ 974.06 appeal) Due to the nature of the issues and length of discussion, this case will be canvassed in multiple posts. Part I (IAC – adequate provocation… Read More

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seventh circuit decision; denying rehearing and amending panel decision, Coleman v. Hardy (per curiam , 2/7/11) Habeas – Defaulted Claim – Assertion of Innocence Although Coleman defaulted his ineffective assistance of counsel claim by failing to raise it in state court, his allegation of actual innocence supports a “gateway” evidentiary hearing to determine whether to reach the… Read More

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