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OT 11

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

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Strip Search – Detainee – Jail Policy

Florence v. Board of Chosen Freeholders of County of Burlington et al., USSC No. 10-945, 4/2/12, affirming 621 F.3d 296 (3rd Cir. 2010) A jail policy requiring that every detainee who will be admitted to the facility’s general population may be required to undergo close visual inspection while undressed is reasonable under the fourth amendment. The question… Read More

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Monroe Ace Setser v. U.S., USSC No. 10-7387, 3/28/12, affirming 607 F.3d 128 (5th Cir 2010) District courts have authority to make a sentence for a federal offense consecutive to an anticipated, but not-yet imposed state sentence. Sentencing Reform Act of 1984, 18 U. S. C. §3584, construed. It is fundamental that we construe statutes governing… Read More

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Panagis Vartelas v. Holder, USSC No. 10-1211, 3/28/12, reversing, 620 F.3d 108 (2nd Cir. 2010) Vartelas, a lawful permanent resident, pleaded guilty in 1994 to an offense that under then-settled law didn’t hinder his ability to take brief trips abroad. Congress, however, subsequently enacted the Illegal Immigration Reform and Immigrant Responsibility Act (“Act”), which did place… Read More

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Lafler v. Anthony Cooper, USSC No. 10-209, 3/21/12, vacating and remanding, 376 Fed. Appx. 563 (6th Cir. 2010); prior post; companion case: Missouri v. Frye, 10-444 Cooper turned down a favorable plea bargain and instead went to trial, after his attorney erroneously told him the prosecution would be unable to establish intent to kill because… Read More

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United States Supreme Court decision, vacating and remanding, 311 S.W.2d 350 (Mo. App. W.D. 2010); prior post; companion case: Lafler v. Cooper, 10-209 Counsel – Effective Assistance – Plea Bargaining  Counsel’s failure to communicate to Frye a favorable plea bargain offer from the prosecutor was deficient performance under 6th amendment analysis of effective assistance of counsel. Frye’s… Read More

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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

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Habeas – Brady Claim

Wetzel v. John Lambert, USSC No. 11-38, 2/21/12, vacating and remanding 633 F.3d 126 (3rd Cir. 2011) Lambert claimed that state prosecutors withheld exculpatory information: a “police activity sheet” that arguably suggested someone other than, or perhaps in addition to, himself committed the offense (robbery and murder); and that could have been used to impeach… Read More

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