Cesar Flores-Ramirez v. Brian Foster, 7th Circuit Court of Appeals Case No. 15-1594, 1/22/16 (per curiam) Flores-Ramirez is not entitled to a certificate of appealability in his challenge to the denial of his second federal habeas petition because two of his claims should have been brought in his first petition and the third claim doesn’t… Read more
j. Appeals
White v. Wheeler, USSC No. 14-1372, 2015 WL 8546240, 12/14/15 (per curiam), reversing Wheeler v. Simpson, 779 F.3d 366 (6th Cir. 2015); docket The Sixth Circuit Court of Appeals failed to give proper deference to the state courts’ rulings when it granted habeas relief on the ground that the state courts unreasonably applied Supreme Court precedent regarding removal of a… Read more
Paysun Long v. Kim Butler, 7th Circuit Court of Appeals Case No. 13-3327, 10/27/15 Long is entitled to habeas relief because the prosecutor in his state murder trial failed to correct perjured testimony given by a state’s witness. Four eyewitnesses told police Long shot a person named Sherman. At Long’s trial, one witness maintained her identification, two… Read more
Question presented Did the Seventh Circuit violate 28 U.S.C. § 2254 and a long line of this Court’s decisions by awarding habeas relief in the absence of clearly established precedent from this Court? Docket 7th Circuit opinion Cert petition Scotusblog page Owens was convicted of murder at a court trial. Owens challenged the decision to convict… Read more
Mark D. Jensen v. Marc Clements, 7th Circuit Court of Appeals No. 14-1380, 9/8/15, affirming Jensen v. Schwochert, No. 11-C-0803 (E.D. Wis. Dec. 18, 2013) At Jensen’s trial for the murder of his wife Julie the State introduced Julie’s handwritten letter to the police, written two weeks before her death, in which she wrote she would never… Read more
Benjamin Barry Kramer v. United States, 7th Circuit Court of Appeals No. 14-3049, 8/17/15 Sticking with its decision in Suggs v. United States, 705 F.3d 279 (7th Cir. 2013), the Seventh Circuit holds that Kramer’s most recent habeas petition challenging a conviction that was not affected by his three previous petitions is a second or… Read more
Humberto Sanchez-Rengifo v. J.F. Caraway, 7th Circuit Court of Appeals Case No. 14-2876, 8/14/15 Sanchez-Rengifo sought relief from his conviction for sexual assault by filing a habeas petition under 28 U.S.C. § 2241 arguing the evidence was insufficient to prove his guilt. The district court dismissed the petition on the grounds that the petition should… Read more
Benjamin Price v. United States, 7th Circuit Court of Appeals No. 15-2427, 8/4/15 Price seeks to bring a successive collateral attack under 28 U.S.C. § 2244(b)(3) to the enhancement of his sentence under the Armed Career Criminal Act. He claims that Johnson v. United States, 135 S. Ct. 2551 (2015), which held that the imposition of an enhanced sentence under the residual… Read more
