seventh circuit court of appeals decision, denying habeas relief in Wis COA No. 2008AP398-CR Habeas – Duty to Preserve Apparent Exculpatory Evidence Pretrial destruction of car driven by McCarthy didn’t violate State’s duty to preserve exculpatory evidence, the court rejecting McCarthy’s argument that the destruction unconstitutionally impaired his affirmative defense of brake failure (against charge of causing great bodily harm by… Read more
B. Federal
Joseph Muniz v. Smith, 6th Cir. No. 09-2324, 7/29/11 sixth circuit court of appeal decision Habeas – Ineffective Assistance – Sleeping Counsel The fact that counsel has slept through a portion of trial does not, alone, amount to denial of counsel so as to require relief under United States v. Cronic, 466 U.S. 648 (1984), rather than inquiry into the prejudice component of Strickland… Read more
seventh circuit court of appeals decision Habeas – Certificate of Appealability Under § 2253(c)(2) of Title 28, “[a] certificate of appealability may issue . . . only if the applicant has made a substantial showing of the denial of a constitutional right.” The Supreme Court has observed that an applicant has made a “substantial showing” where “reasonable… Read more
seventh circuit court of appeals decision Habeas – Successive Petition – Rule 60(b) Motion A Rule 60 motion for relief from (habeas) judgment amounts to an impermissible successive petition – which the district court lacks jurisdiction to entertain – if it raises arguments forbidden by 28 U.S.C. § 2244(b)(1) or (2), Gonzales v. Crosby, 545 U.S… Read more
Docket Decision below: 623 F. 3d 222 (5th Cir. 2010) Questions Presented (from SCOTUS docket page): 1. WAS THERE JURISDICTION TO ISSUE A CERTIFICATE OF APPEALABILITY UNDER 28 U.S.C. §2253(C) AND TO ADJUDICATE PETITIONER’S APPEAL? 2. WAS THE APPLICATION FOR A WRIT OF HABEAS CORPUS OUT OF TIME UNDER 28 U.S.C. §2244(D)(1) DUE TO “THE DATE ON WHICH THE JUDGMENT BECAME… Read more
in-chambers opinion on motion to stay mandate Habeas – Stay of Mandate The State’s request to stay the mandate in the court’s grant of relief is denied by Judge Ripple’s in chambers opinion. The standard for granting a stay is set forth in Books v. City of Elkhart, 239 F.3d 826, 828 (7th Cir. 2001)… Read more
Albert Price v. Thurmer, 7th Cir No. 09-3851, 4/18/11 7th circuit court of appeals decision, on remand after prior appeal, 514 F.3d 729, denying relief on review of unpublished decision of Wis COA Habeas – IAC – NGI Defense Trial counsel seemingly mishandled the court-appointed NGI expert, in failing to cure the latter’s apparent misapprehension that he… Read more
Cullen v. Scott Lynn Pinholster, USSC No. 09-1088, 4/4/11 We first consider the scope of the record for a §2254(d)(1) inquiry. The State argues that review is limited to the record that was before the state court that adjudicated the claim on the merits. Pinholster contends that evidence presented to the federal habeas court may… Read more
