Questions Presented: This case presents three questions involving· AEDPA (the Antiterrorism and Effective Death Penalty Act of 1996), and Lafler v. Cooper, 132 S. Ct. 1376 (2012), this Court’s recent decision expanding ineffective-assistance-of-counsel claims to include rejected plea offers: 1. Whether the Sixth Circuit failed to give appropriate deference to a Michigan state court under… Read more
5. Particular issues
Ryan v. Gonzales, USSC No. 10-930; Tibbals v. Carter, USSC No. 11-218, 1/8/13 United States Supreme Court decision, reversing In re Gonzalez, 623 F.3d 1242 (9th Cir. 2010), and reversing and remanding Carter v. Bradshaw, 644 F.3d 329 (6th Cir. 2011) These two cases present the question whether the incompetence of a state prisoner requires suspension… Read more
Robert Dietrich v. Smith, 7th Cir No. 12-1672, 12/4/12 seventh circuit decision, on habeas review, affirming 2011C117 (E.D. Wis 2/23/12); prior history: State v. Dietrich, Wis. App. 2008AP1697-CR After the trial court denied his request for an in camera inspection of the sexual assault victim’s mental health records, State v. Green, 2002 WI 68, ¶34, 253 Wis. 2d… Read more
seventh circuit decision (html) (90-page pdf download: here), granting habeas relief in 904 N.E.2d 1077 (Ill. App. 2009) A significant decision in several respects – not least, attorney performance – that a summary post cannot hope to capture, save broad highlights. Executive summary: Harris was convicted of killing her 4-year-old son Jaquari, against a defense of accidental death (self-strangulation with an… Read more
seventh circuit decision, denying habeas relief in 641 N.E.2d 371 (Ill. 1994) and 521 N.E.2d 38 (1988) Habeas Review – 6th Amendment Attachment of Counsel – State Court Findings The Seventh Circuit rejects, on habeas review of his Illinois conviciton, Thompkins’ challenge to admissibility of his statement. Thompkins made his statement after his arrest and, according to the state court, before… Read more
seventh circuit decision Habeas – Jury Exposure to Extraneous Information Subsequent to trial, Hall discovered that a juror’s son was a fellow inmate of Hall who initially told the juror that Hall was likely innocent, but later indicated that he “and several co-inmates had changed their mind about Hall and thought him guilty.” The (Indiana) state court ruled… Read more
seventh circuit decision Habeas – Procedural Default Defense: Waiver by State Procedural default (here, failure to perfect the appeal in state court, hence failure to exhaust the claim) is an affirmative defense which may be forfeited or waived by the State. The State expressly waived any failure-to-exhaust objection, hence the court proceeds to the merits… Read more
seventh circuit decision Habeas Review – Right to Counsel – Collateral Attack Resendez litigated an unsuccessful pro se challenge to revocation of his state court parole, on the ground that he had completed service of that sentence therefore wasn’t in fact on parole. Forced to litigate the issue on his own, he argues on federal… Read more
