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Ninth Circuit Holds Undisclosed Relationship Between Murdered FBI Agent and Presiding Judge in Capital Case Created Intolerable Risk of Judicial Bias, Warranting Habeas Relief
by David Reutter
The U.S. Court of Appeals for the Ninth Circuit held that an undisclosed connection between an FBI agent and a judge entitled a death row prisoner to the grant of habeas corpus relief. The Court found there was a constitutionally intolerable risk of judicial bias.
Jose Echavarria ...
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More from this issue:
- How Defense Lawyers Break Attorney-Client Privilege to Defend Ineffective Assistance of Counsel Claims, by Steve Horn
- Fee to Plead Guilty Burdens Indigent Defendants in Pennsylvania, by Dale Chappell
- California Court of Appeal: Youth Offender Parole Statute Trumps Consecutive Prison Term Statute, by Christopher Zoukis
- Very Few Have Taken Advantage of New York’s Program to Seal Criminal Records, by Edward Lyon
- Homeland Security One Step Closer to Becoming Big Brother Incarnate, by Christopher Zoukis
- St. Louis Police Department Fighting Prosecution Exclusion List, by Kevin Bliss
- Junk Sciences and Scientists Strike Again in Texas, by Edward Lyon
- Global Voice Recognition Database Alarms Privacy Groups, by Kevin Bliss
- Philadelphia Pays Out Millions to Settle Police Shootings, by Edward Lyon
- Scottish Psychologist’s Study Focuses On Why the Innocent May Confess to Crimes, by Derek Gilna
- U.S. Government Paid Out Over $60 Million to Settle Border Patrol Violence Claims, by Christopher Zoukis
- New Hampshire’s Secret List of Problematic Cops Gets Worse, by Dale Chappell
- Crime Labs Falling Short, by Edward Lyon
- Eleventh Circuit Denies Qualified Immunity to Florida Cop Who Seized iPhone from Accident Bystander, by Christopher Zoukis
- Fourth Circuit: Federal Conspiracy to Commit Murder in Aid of Racketeering Not a Crime of Violence for Purposes of Sentencing Guidelines Enhancement, by Christopher Zoukis
- Colorado Leads U.S. in Suppression of Court Cases, by Kevin Bliss
- Kansas Supreme Court Rules Fourth Amendment Violation Where Purported Inventory Search Was Performed in Absence of Standard Policy, by Richard Resch
- Massachusetts Supreme Court Shifts Burden on Government to Prove by Clear and Convincing Evidence Sex Offender Poses Continued Risk at Termination of Registry Hearings, by Dale Chappell
- Report: NYPD Assisted in Creating Facial Recognition Technology, by Kevin Bliss
- South Carolina Supreme Court Rules Mandatory Electronic Monitoring of Sex Offenders Must Be ‘Reasonableness’ Under Fourth Amendment, by Dale Chappell
- Minnesota Supreme Court Joins the Chorus by Announcing Birchfield is Retroactive, by Christopher Zoukis
- $1 Million Settlement by Cleveland to Six Rape, Murder Victims’ Families, by Kevin Bliss
- Connecticut Supreme Court Finds IAC for Failure to Investigate Key Alibi Witness, Grants New Trial, by Dale Chappell
- Ninth Circuit Holds Undisclosed Relationship Between Murdered FBI Agent and Presiding Judge in Capital Case Created Intolerable Risk of Judicial Bias, Warranting Habeas Relief, by David Reutter
- Ninth Circuit Rules California Robbery Not a ‘Crime of Violence’ in Light of Dimaya and Allows Withdrawal of Guilty Plea, by David Reutter
- Civil Rights Groups Urge Ending Use of Pretrial Bail Risk Assessment Tools, by Steve Horn
- California’s New Cashless Bail System More Likely to Increase Number of Detainees, by Kevin Bliss
- Article Calls for Courts to Implement ‘Brady Violation Disclosure Letter’ System, by Steve Horn
- Georgia Can No Longer Charge for Access to Its Statutes, Thanks to Eleventh Circuit Ruling
- I once wrote mandatory minimum laws. After ties to Abramoff landed me in prison, I know they must end., by Kevin Ring
- Seventh Circuit Vacates Conditions of Supervised Release Following Child Pornography Conviction, by Matthew Clarke
- Illinois: Chicago Police Misconduct Outed in Database 2.0 Version, by Edward Lyon
- Seventh Circuit: Bureau of Prisons Improperly Prolonged Prisoner’s Sentence, by Christopher Zoukis
- Oregon Supreme Court: ‘Grooming’ Evidence Requires Scientific Validity Foundation, by Mark Wilson
- Massachusetts Supreme Court Overturns Conviction Based on Prosecutor’s False Statement During Closing Argument, by Dale Chappell
- District Court Holds that Some White-Collar Felons May Lawfully Possess Firearms Due to a Little Known Exemption For Crimes ‘Relating to the Regulation of Business Practices’
- Harris County, Texas Prosecutors Review DWI Cases Impacted by Discredited Expert, by Derek Gilna
- Massachusetts Supreme Court Tosses Thousands of Drug Cases After Lab Tech Scandal and Government Cover-Up, by Dale Chappell
- Tenth Circuit Rules Police Seizure of Home Where No Evidence of Criminal Activity Apparent Violates Fourth Amendment Requiring Suppression of Incriminating Evidence, by Richard Resch
- Seventh Circuit: Procedural Error Occurs When Miscount of Prior Convictions Basis for Sentence, Resentencing Required, by David Reutter
- Police Misconduct Threatens Over 20,000 New Jersey Drunk Driving Convictions, by Derek Gilna
- Nevada Court of Appeals Rules Police May Not Conduct Warrantless Search Based on Third-Party Consent Where No Effort Made to Determine Whether Person Has Authority to Do So, by Richard Resch
- New York City Cops Using Supposedly Sealed Arrest Records, by Edward Lyon
- Ninth Circuit Grants Habeas for IAC of Resentencing Counsel Who Failed to Challenge Sole Aggravating Factor or Investigate Mitigating Circumstances, by Matthew Clarke
- News in Brief
- Kansas Supreme Court Holds Travel Plan Questions Unconstitutionally Extended Traffic Stop, by Matthew Clarke
- The Fallibility of Forensic Science: Crime-Solving Tool Can Lead to Wrongful Convictions—and Belated Exonerations, by Rick Anderson
More from David Reutter:
- California Court of Appeal: Petitioner Has Constitutional Right to Be Present at Evidentiary Hearing Under Felony Murder Resentencing Law, May 15, 2024
- Criminal Justice Reform Becoming a Corporate Priority, May 15, 2024
- Seventh Circuit Grants Qualified Immunity to Illinois Jail Guards Who Relied on Nurse’s Opinion that Detainee Was “Faking” Symptoms Before He Died, April 26, 2024
- Eighth Circuit: Arkansas Detainee Suffering Fatal Seizure Might Have Been Faking or Might Have Gotten Better, April 26, 2024
- Suit Proceeds Against CoreCivic by Guard Strip-Searched at Georgia Prison, April 26, 2024
- $1.4 Million Verdict for Florida Jail Guard Injured in Transport Van Crash, April 26, 2024
- Florida Supreme Court Bans ‘Vexatious’ Prisoner From Filing Further Pro Se Petitions, April 26, 2024
- $155 Million Settlement for 10,000 California Prison Guard Supervisors in Wage Lawsuit, April 26, 2024
- Unable to Post Bail, Detainee Starves to Death in Arkansas Jail, April 26, 2024
- Eleventh Circuit: “More than Gross Negligence” Required to Prove Deliberate Indifference, April 26, 2024
More from these topics:
- Retraction: ‘Federal Habeas Corpus: The Savings Clause Remedy for Federal Prisoners’ by Dale Chappell, May 15, 2024. Habeas Corpus, AEDPA.
- The Death of the Savings Clause, May 15, 2024. Habeas Corpus, AEDPA.
- FBI Visit to Oklahoma Woman in Response to Social Media Post Sparks Debate on Free Speech, May 15, 2024. Racial Discrimination, Religious Discrimination, FBI, First Amendment, rights, Police State-Surveillance, Social Media.
- Federal Habeas Corpus: Understanding Second or Successive Petitions for State Prisoners, April 15, 2024. Resources, Habeas Corpus, AEDPA.
- FBI’s Bias for Keywords, April 15, 2024. Government Misconduct, FBI, Police State-Surveillance, Electronic Surveillance, Social Media.
- Seventh Circuit Orders District Court to Hold Evidentiary Hearing Where Record Insufficient to Permit Review of State Prisoner’s Section 2254 Habeas Petition Alleging Ineffective Assistance of Counsel, March 15, 2024. Habeas Corpus, AEDPA, Sentence and Judgement, Failure to Consult/Investigate/Raise.
- FBI Searches of NSA Data Extended Until April, Despite Admission of Unconstitutionality, March 15, 2024. Government Misconduct, FBI, FISA-Foreign Intelligence Surveillance Act, Police State-Surveillance, Foreign Intelligence Surveillance Act (FISA), Cell-Phones, Electronic Surveillance, Electronic Communictions Privacy Act.
- Suspicion of Government Surveillance Increasing, March 15, 2024. Government Misconduct, FBI, Police State-Surveillance, Electronic Surveillance.
- Oregon Supreme Court Announces ‘Escape Clause’ of Postconviction Relief Statute’s SOL Applies to Severe Mental Impairments During Limitations Period, March 15, 2024. Habeas Corpus, Involuntary Treatment/Drugging, Civil Commitment, Tolling of Statutes of Limitations and Laches.
- FBI Access to FISA Database Includes Some Accountability, Jan. 15, 2024. Commentary/Reviews, FBI, FISA-Foreign Intelligence Surveillance Act.