Lafler v. Anthony Cooper, USSC No. 10-209, 3/21/12, vacating and remanding, 376 Fed. Appx. 563 (6th Cir. 2010); prior post; companion case: Missouri v. Frye, 10-444 Cooper turned down a favorable plea bargain and instead went to trial, after his attorney erroneously told him the prosecution would be unable to establish intent to kill because… Read more
22. Habeas corpus
Luis Mariano Martinez v. Ryan, USSC No. 10-1001, 3/20/12, reversing and remanding, 623 F.3d 731 (9th Cir. 2011) Where, under state law, claims of ineffective assistance of trial counsel must be raised in an initial-review collateral proceeding, a procedural default will not bar a federal habeas court from hearing a substantial claim of ineffective assistance… Read more
seventh circuit decision Habeas Procedure – Application for Successive Attack Application to extend the deadline for permission to file a second collateral attack, § 28 U.s.C. 2244(b), is premature: Now before the court are papers Maxy labels a motion, in which he informs us that he intends to file a second § 2244(b) application. Maxy… Read more
State ex rel. Gerald Porter v. Cockroft, 2011AP308, 2011AP308, District 1, 3/6/12 court of appeals decision (not recommended for publication); for Porter: Joseph E. Redding; case activity Ineffective assistance of counsel at a revocation hearing is reviewable by habeas corpus, ¶10, citing State v. Ramey, 121 Wis. 2d 177, 182, 359 N.W.2d 402 (Ct. App. 1984). But… Read more
Wetzel v. John Lambert, USSC No. 11-38, 2/21/12, vacating and remanding 633 F.3d 126 (3rd Cir. 2011) Lambert claimed that state prosecutors withheld exculpatory information: a “police activity sheet” that arguably suggested someone other than, or perhaps in addition to, himself committed the offense (robbery and murder); and that could have been used to impeach… Read more
Howes v. Randall Lee Fields, USSC No. 10-680, 2/21/12, reversing 617 F.3d 813 (6th Cir 2010); arguably abrogating, State v. Tonnie D. Armstrong, 223 Wis.2d 331, 588 N.W.2d 606 (1999) Habeas – Review, Generally Under AEDPA, a federal court may grant a state prisoner’s application for a writ of habeas corpus if the state-court adjudication pursuant… Read more
seventh circuit decision Habeas – Knowing Use of False Testimony (“Napue”) Due process prohibits knowing prosecutorial use of false testimony, Napue v. Illinois, 360 U.S. 264, 269 (1959). However, the prosecutor’s exploitation of Bland’s incorrect testimony on a potentially important point (the date his gun was confiscated) doesn’t support habeas relief on a Napue-type theory. Napue and Giglio hold… Read more
Marilyn Mulero v. Thompson, 7th Cir No. 10-3875, 2/7/12 seventh circuit decision Habeas – Procedural Bar Muleros’ failure to present various claims “through one complete round of state court review” operates as procedural default; citing, Smith v. McKee, 598 F.3d 374, 382 (7th Cir. 2010). … While Mulero did present numerous other claims of ineffective… Read more
