seventh circuit decision Habeas Review – Confessions – Voluntariness Given the deferential nature of habeas review, the state court reasonably determined that a 16-year-old’s confession after 55 hours of interrogation was voluntary: Particularly in light of the highly deferential standard due to the state court, we have no reason to doubt that it took into account all… Read more
B. Federal
seventh circuit decision Habeas Procedure – Appellate Jurisdiction Where a party has filed a timely notice of appeal to a judgment, and the district court subsequently enters an amended judgment nunc pro tunc (“now for then”) conforming language in the original judgment, an amended notice of appeal isn’t necessary to confer appellate jurisdiction: … The district court’s February… Read more
seventh circuit court of appeals decision, affirming habeas grant following remand in 539 F.3d 766 (further case history: here) Habeas Review – Evidentiary Hearing The rule of Cullen v. Pinholster, 131 S. Ct. 1388 (2011), that 2254(d)(1) review is limited to the state-court record, doesn’t apply where the state court didn’t address a component part of the claim (here, deficient performance on… Read more
seventh circuit court of appeals decision Habeas Review – IAC/Suppression Claim, Generally Under Strickland, Rann must show that his counsel’s performance was deficient and that the deficient performance prejudiced his defense. Grosshans, 424 F.3d at 590 (citing Strickland, 466 U.S. at 687). When reviewing claims of ineffective assistance of counsel in habeas petitions, however, we… Read more
seventh circuit court of appeals decision Habeas Review – Miranda-Edwards Coleman’s argument that his confession violated Edwards v. Arizona, 451 U.S. 477 (1981) (interrogation must cease immediately if suspect requests counsel) was rejected by the state court based upon a determination that he did not in fact assert his to counsel. Denial of relief is affirmed: Coleman admits but… Read more
seventh circuit court of appeals decision, denying habeas relief in 2008AP2735-CRNM (summary order) Habeas Review – Speedy Trial Habeas relief denied on speedy trial challenge to 14-month delay between filing of complaint and scheduled start of trial, applying familar 4-part test of Barker v. Wingo, 407 U.S. 514 (1972). Although the first three aspects of the test work… Read more
seventh circuit decision, denying habeas relief in 783 N.E.2d 1140 (Ind. 2003) Habeas – Ineffective Assistance of Counsel Habeas challenge to counsel’s performance in this capital case is limited to imposition of the death penalty, in three respects, all of which the court rejects. 1) Failure to ask the trial judge to have courtroom spectators stop displaying… Read more
seventh circuit court of appeals decision Habeas Review – Batson Claim The State’s pattern of peremptory strikes – at least 15, possibly 17, out of 20, directed at African-Americans – was so “disproportionate” as to “give[] rise to an inference of discrimination.” This is so, despite Harris limiting his challenges to 9 of these 17… Read more
