Bobby v. Harry Mitts, USSC No. 10-1000, 5/2/11 (per curiam) The death penalty may not be imposed when the jury isn’t permitted to consider a verdict of guilt on a lesser included, non-capital offense supported by the evidence, Beck v. Alabama, 447 U.S. 625 (1980). As the Court now notes: such a scheme intolerably enhances the… Read more
22. Habeas corpus
7th circuit decision Habeas – Appeal: Appointed Counsel’s Obligation to Argue Issues The court clarifies the “scope” of counsel’s responsibilities when appointed on habeas appeal. Counsel has no obligation to argue claims not certified for appeal by the court. Therefore, if after independent review, “counsel agrees that the non-certified claims are not debatable, he or she can safely set aside… 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4/18/11 7th circuit court of appeals decision, on remand after prior appeal, 514 F.3d 729, denying relief on review of unpublished decision of Wis COA Habeas – IAC – NGI Defense Trial counsel seemingly mishandled the court-appointed NGI expert, in failing to cure the latter’s apparent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
7th circuit court of appeals decision Habeas – Certificate of Appealability We pause briefly to note the district court’s error in denying a certificate of appealability in this case. The statute provides that a certificate of appealability may issue “only if the applicant has made a substantial showing of the denial of a constitutional right.”… Read more
William Kerr v. Thurmer, 7th Cir No. 09-1032, 3/28/11 – Part III 7th circuit decision, on habeas review of summary orders in 2001AP168 (§ 809.30 appeal) and 2003AP2332 (§ 974.06 appeal) Due to the nature of the issues and length of discussion, this case will be canvassed in multiple posts. Part I (IAC – adequate provocation… Read more
7th circuit decision, on habeas review of summary orders in 2001AP168 (§ 809.30 appeal) and 2003AP2332 (§ 974.06 appeal) Due to the nature of the issues and length of discussion, this case will be canvassed in multiple posts. Part I (IAC – adequate provocation defense) is here; Part III (evidentiary hearing, GP advice), here. Habeas –… Read more
William Kerr v. Thurmer, 7th Cir No. 09-1032, 3/28/11 – Part I 7th circuit decision, on habeas review of summary orders in 2001AP168 (§ 809.30 appeal) and 2003AP2332 (§ 974.06 appeal) Due to the nature of the issues and length of discussion, this case will be canvassed in multiple posts. Part II (procedural default) is… Read more
