Question presented: Did the Supreme Court’s decision in Harrington v. Richter, 562 U.S. 86 (2011), silently abrogate the presumption set forth in Ylst v. Nunnemaker, 501 U.S. 797 (1991)—that a federal court sitting in habeas proceedings should “look through” a summary state court ruling to review the last reasoned decision—as a slim majority of the… Read more
j. Appeals
Eric T. Alston v. Judy P. Smith, 7th Circuit Court of Appeals No. 16-1308, 2016 WL 6083982, 10/18/2016 Eric Alston was on probation when he came to the attention of Dane County’s “Special Investigation Unit,” a law enforcement initiative targeting “serious, assaultive offenders” that offered him resources aimed at preventing him from reoffending but “came with the admonition… Read more
William Hinesley, III, v. Wendy Knight, 7th Circuit Court of Appeals No. 15-2122, 2016 WL 4758437, 9/13/16 Hinesley’s trial lawyer didn’t object to the state’s presentation of the inculpatory out-of-court statements of the two principal witnesses against him because he wanted all of the witnesses’ statements admitted to show how they had changed their stories and… Read more
Roy L. Ward v. Ron Neal, 7th Circuit Court of Appeals No. 16-1001, 8/26/16 Ward’s trial lawyers weren’t ineffective when they failed to adequately investigate and present readily available mitigating evidence and then, due to lack of preparation, instead presented evidence Ward was a dangerous psychopath. Ward was facing the death penalty for a brutal sexual… Read more
Walker Whatley v. Dushan Zatecky, 7th Circuit Court of Appeals No. 14-2534, 2016 WL 4269805, 8/15/16 The maximum penalty for Whatley’s drug possession conviction was dramatically increased—from 2-to-8 years to 20-to-50 years—under a now-repealed Indiana penalty enhancer for drug offenses committed within 1,000 feet of a “youth program center,” defined as a “building or structure that… Read more
Kernan v. Hinojosa, USSC No. 15-833, 2016 WL 2842454 (May 16, 2016) (per curiam), reversing Hinjosa v. Davey, 803 F.3d 412 (9th Cir. 2015); Scotusblog page The Ninth Circuit Court of Appeals concluded that the California courts hadn’t made a determination of Hinojosa’s claim on the merits and therefore applied de novo review rather than AEDPA’s highly deferential standard… Read more
Michael Miller v. Dushan Zatecky, 7th Circuit Court of Appeals No. 15-1869, 4/26/2016 An Indiana state court sentenced Michael Miller to a total of 120 years in prison on three counts of child molestation. On direct appeal, his lawyer raised challenges to the sufficiency of the evidence and the admission of other-acts evidence, but did… Read more
Woods v. Etherton, USSC No. 15-723 (April 4, 2016) (per curiam), reversing Etherton v. Rivard, 800 F.3d 737 (6th Cir. 2015); SCOTUSblog page (including links to petition, response and reply) This was a federal habeas action in which the petitioner claimed, among other things, that: (1) the state trial court’s admission of an anonymous tip… Read more
