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4. Procedure

Shinn v. Ramirez, USSC No. 20-1009, 5/23/22, reversing Ramirez v. Ryan, 937 F.3d 1230 (9th Cir. 2019); Scotusblog page (including links to briefs and commentary) You can read at Scotusblog quite a bit of commentary on this most recent entry in the present Court’s war on habeas. At oral argument, the lawyer for the state… Read more

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Jones v. Hendrix, USSC No. 21-857; cert. granted 5/16/22; Scotusblog page (containing links to briefs and commentary) Question presented: The question presented is whether federal inmates who did not—because established circuit precedent stood firmly against them—challenge their convictions on the ground that the statute of conviction did not criminalize their activity may apply for habeas… Read more

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Shoop v. Twyford, USSC No. 21-511, cert granted 1/14/22; SCOTUSblog page (containing links to briefs and commentary) Questions  presented: 1.  28 U.S.C. §2241(c) allows federal courts to issue a writ of habeas corpus ordering the transportation of a state prisoner only when necessary to bring the inmate into court to testify or for trial. May… Read more

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Edwards v. Vannoy, USSC No. 19-5807, 141 S.Ct. 1547 (May 17, 2021), affirming 2019 WL 8643258 (5th Cir. May 20, 2019) (denying certificate of appealability); Scotusblog page (including links to briefs and commentary) This decision alters the long-standing doctrine for deciding whether new rules of criminal procedure established by a decision of the Supreme Court… Read more

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Ladarius Marshall v. Scott Eckstein, No. 15-CV-008 (E.D. Wis. Apr. 22, 2020) Marshall pleaded to homicide and other charges. Before he did so, though, he moved to suppress statements he’d made during more than 12 hours of interrogation at the police station (he was 16 years old at the time). The trial court and our… Read more

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Terez Cook v. Brian Foster, Warden, 7th Circuit Court of Appeals No. 18-2214, 1/29/2020 Pursuing a federal writ of habeas corpus is always a long shot; in non-capital cases fewer than 1% of petitions are successful. Terez Cook gets it done here, convincing the Seventh Circuit his lawyer was ineffective at his trial for a… Read more

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Banister v. Davis, USSC No. 18-6943, certiorari granted 6/24/19 Question presented: Whether and under what circumstances a timely Rule 59(e) motion should be recharacterized as a second or successive habeas petition under Gonzalez v. Crosby, 545 U.S. 524 (2005). Decision below: Banister v. Davis, unpublished order dismissing appeal (5th Cir. May 8, 2018) USSC Docket… Read more

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Erick Daniel Davila v. Lorie Davis, USSC No. 16-6219, 2017 WL 2722418 (June 26, 2017), affirming Davila v. Davis, No. 15-70013 (5th Cir., May 31, 2016) (unpublished); Scotusblog page (including links to briefs and commentary) In a 5-to-4 decision, the Supreme Court holds that ineffective assistance of counsel in state postconviction proceedings does not provide cause to excuse, in a subsequent… Read more

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