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4. Procedure

Rodney Lass v. Jason Wells, 7th Circuit Court of Appeals No. 23-2880, 6/26/24 Lass was charged with multiple felony counts after his first trial on misdemeanor domestic abuse charges ended in a mistrial. During state postconviction and appeal proceedings, he raised claims of vindictive prosecution, ineffective assistance, and violation of his 6th amendment rights. The… Read more

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State ex rel. Antonio S. Davis v. Circuit Court for Dane County, the Honorable Ellen K. Berz and State of Wisconsin, 2024 WI 14, 3/26/24; case activity A majority of the Wisconsin Supreme Court affirms the court of appeals’ denial of Davis’ petition for a supervisory writ after concluding the the circuit court had no… Read more

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Graham L. Stowe v. Gregory Van Rybroek, 18-CV-400-wmc (W.D. Wis. 11/6/23). Having recently prevailed on a judicial bias claim in state court, Stowe makes a return appearance to the blog on his 2018 federal habeas petition. Unfortunately, the Western District of Wisconsin denied the petition, which had been pending for close 5 years. The petition… Read more

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Legal innocence is not enough

Jones v. Hendrix, 143 S.Ct. 1857, 599 U.S. __ (June 22, 2023); Scotusblog page (containing links to briefs and commentary) The Court, in a 6-3 opinion authored by Justice Thomas, holds that the savings clause in 28 U.S.C.  2255(e) bars a prisoner from using an intervening change in the interpretation of a federal criminal statute to… Read more

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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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