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Habeas Hints: SCOTUS Review 2017-18
Loaded on Jan. 17, 2019
by Tara Hoveland, Kent Russell
published in Criminal Legal News
February, 2019, page 10
Filed under:
Habeas Corpus.
Location:
United States of America.
by Attorneys Kent Russell and Tara Hoveland
This column provides “Habeas Hints” to prisoners who are considering or handling habeas corpus petitions as their own attorneys (“in pro per”). The focus of the column is on “AEDPA,” the federal habeas corpus law, which now governs habeas corpus practice in courts ...
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More from this issue:
- News in Brief
- Race-Based Arrests Rampant in San Francisco, by Kevin Bliss
- Tracking the Prevalence of Police Crime, by David Reutter
- Former Balch Springs, Texas, Officer Found Guilty of Murder of Black Teen, by Kevin Bliss
- Massachusetts Drug Lab Scandal: Thousands More Cases Likely Affected, by Kevin Bliss
- $225,000 Settlement by Detroit for Unjustified Shooting of Dogs in Drug Case, by Derek Gilna
- Why Defining a ‘Credible Witness’ in Criminal Trials Is a Slippery Slope, by Steve Horn
- Illinois Law on Informants Designed to Avoid Wrongful Convictions, by Betty Nelander
- ‘Innocent Man Almost Executed’ Freed After Decade on Death Row, by Betty Nelander
- Washington Governor Expects to Pardon About 3,500 for Single Misdemeanor Pot Convictions, by Betty Nelander
- Police Commit Significant Number of Sex Crimes, Which May Shock the General Public but Not Those Familiar with Law Enforcement, by Kevin Bliss
- Juror Bias Often Triggered by Severity of Crime Charged, by Edward Lyon
- Investigation and Arrest of Mail Bomb Suspect Rips Cover Off Postal Surveillance, by Derek Gilna
- Campus Cops on Municipal Streets Raises Transparency and Accountability Concerns, by Virginia Griese
- Louisiana Ends Jim Crow-era Law: Unanimous Jury Requirement Now in Constitution, by Virginia Griese
- ‘Texas Reneging on Deal’ With Draconian Sex Offender Registry, but Some Are Fighting Back, by Edward Lyon
- Montana Supreme Court: Retrial Following Mistrial Declared Without ‘Manifest Necessity’ Violates Prohibition on Double Jeopardy, by Mark Wilson
- U.S. Senator Sounds Alarm on Privacy, Public Safety Concerns of Cell-Site Simulators, by Derek Gilna
- DEA Agents Trap Cocaine-Trafficking Suspects with Doctored Blackberrys, by Derek Gilna
- Federal Judge Signals That Defense Counsel Will Be Permitted To Argue Jury Nullification in Questionable Child Porn Prosecution, by Chad Marks
- Texas Court of Criminal Appeals Rules Defense Attorney Violated McCoy, Reverses Capital Convictions and Orders New Trial, by Chad Marks
- Nevada Supreme Court Reverses Convictions Where Trial Court Failed to Conduct Third Step of Batson Challenge, by Chad Marks
- Sixth Circuit: Tennessee Aggravated Sexual Battery Is Not a SORNA Tier III Offense, by Christopher Zoukis
- Georgia Supreme Court: Asportation Required to Support Kidnapping Conviction, by David Reutter
- Montana Supreme Court Overrules Its Precedents Confusing Venue and Jurisdiction, Announces Venue Is Waivable But Cannot Waive Jurisdiction, by Dale Chappell
- California Court of Appeal: Commissioner Cannot Preside Over Parole Revocation Hearing Absent Stipulation, by Douglas Ankney
- Wisconsin Supreme Court Rules Attempt to Close Door in Officer’s Face Clear Signal that Consent Not Given for Warrantless Entry, by Douglas Ankney
- Report: Bitemark Analysis Debunked as Pseudoscience, by Richard Resch
- Montana Supreme Court: City May Not Impose Local Surcharge Not Authorized by State Law for Violation of State Criminal Statute, by Derek Gilna
- Sixth Circuit Holds Tennessee Burglary Not Violent Felony Under ACCA, Overturning Previous Controlling Authority in Light of SCOTUS’ Mathis Opinion, by Dale Chappell
- Maine Supreme Court Rules Double Jeopardy Bars Re-Use of Evidence at Second Trial After Acquittal Based on Same Evidence at First Trial on Different Charges, by Dale Chappell
- West Virginia Supreme Court Vacates Sentence After State Violates Plea Bargain by Making Recommendation at Sentencing, by Matthew Clarke
- Tenth Circuit Clarifies Proper Test for Pretrial Hearing on Seized Assets Needed to Retain Counsel, by Matthew Clarke
- Public Support for Militarized Policing Ebbs, Fails to Improve Safety, by Edward Lyon
- Minnesota Supreme Court Clarifies Rule Against Judicial ‘Participation’ in Plea Negotiations, by Dale Chappell
- Study Shows Reassigning Problem Cops Could Have Saved Chicago More than $6 Million in Lawsuit Payouts, by Dale Chappell
- Washington Supreme Court Announces Effective Date of Certificate of Discharge Is Date Offender Completes All Sentence Requirements, by Chad Marks
- Fourth Circuit Vacates USSG Career Offender Sentence Predicated on Georgia Robbery, by Christopher Zoukis
- Iowa Supreme Court Announces New SOL Rule for Consecutive Postconviction IAC Claims, by Dale Chappell
- Ninth Circuit Remands Drug Case for Reconsideration of Sentencing Guidelines’ Minor-Role Adjustment, by Christopher Zoukis
- N.Y. Court of Appeals Announces When Trial Commences for Timeliness of Pro Se Requests, by Edward Lyon
- President Trump Signs First Step Act Into Law—It’s a Good Initial Attempt at Meaningful Reform, by Chad Marks
- South Carolina Supreme Court Holds Broken Chain of Custody for Drug Evidence Requires Reversal of Conviction, by Dale Chappell
- America’s Cities Are Criminalizing Homelessness, by Matthew Clarke
- Habeas Hints: SCOTUS Review 2017-18, by Tara Hoveland, Kent Russell
- Pennsylvania Supreme Court Holds Defendant Unambiguously Invoked Right to Remain Silent Suppresses Confession and Derivative Physical Evidence and Announces New Rule, by Chad Marks
- Capital Punishment in the United States: Explained, by Callie Heller, Jessica Brand
More from Tara Hoveland:
- Habeas Hints: Discovery on Habeas Corpus, May 15, 2019
- Habeas Hints: SCOTUS Review 2017-18, Jan. 17, 2019
- Habeas Hints: Evaluating and Initiating IAC Claims, Nov. 28, 2018
- Habeas Hints: Understanding and Satisfying the Strickland Test for IAC, May 15, 2018
- Habeas Hints: Ineffective Assistance of Trial Counsel - Hints for 2018: IAC #1, Jan. 19, 2018
- Habeas Hints: SCOTUS Review 2016–17, Nov. 16, 2017
More from Kent Russell:
- Habeas Hints: Discovery on Habeas Corpus, May 15, 2019
- Habeas Hints: SCOTUS Review 2017-18, Jan. 17, 2019
- Habeas Hints: Evaluating and Initiating IAC Claims, Nov. 28, 2018
- Habeas Hints: Ineffective Assistance of Trial Counsel - Hints for 2018: IAC #1, Jan. 19, 2018
- Habeas Hints: SCOTUS Review 2016–17, Nov. 16, 2017
- Habeas Hints, Oct. 26, 2015
- Habeas Hints: Supreme Court Habeas Review 2014, Nov. 8, 2014
- Habeas Hints: Evidentiary Hearings, May 15, 2006
- Habeas Hints: How to Get DNA Testing, Feb. 15, 2006
- Habeas Hints, Sept. 15, 2005
More from these topics:
- On Remand, Eleventh Circuit Clarifies, Affirms Grant of Habeas Relief to Death Row Prisoner, Aug. 1, 2025. Habeas Corpus, Death Penalty, Death Row.
- Fifth Circuit Announces When Initial § 2255 Petition Not Decided on Merits and Appeals Court Later Recalls Mandate Dismissing Direct Appeal and Affirms Conviction, Subsequent § 2255 Petition Not ‘Second or Successive’ Under AEDPA, Aug. 1, 2025. Habeas Corpus, AEDPA.
- Fourth Circuit Announces Counterman v. Colorado Is New Rule of Constitutional Law That Applies Retroactively to Cases on Collateral Review and Grants Authorization to File Successive § 2255 Motion, July 1, 2025. Rehabilitation/Recidivism, Habeas Corpus, Threats.
- Arguing Successful Federal Habeas Corpus Claims, June 1, 2025. Habeas Corpus, Sixth Amendment, Ineffective Assistance of Counsel.
- Ninth Circuit Grants Stay and Abeyance of Federal Habeas Petition to Allow Petitioner to Exhaust State Remedies, April 15, 2025. Administrative Exhaustion (PLRA), Habeas Corpus, AEDPA, Amendments to Petition.
- Third Circuit Grants Habeas Relief to Prisoner on Confrontation Clause and Ineffective Assistance Claims Based on Trial Court Reading Entire Criminal Information Into the Record of Co-Conspirator Who Pleaded Guilty, Feb. 15, 2025. Habeas Corpus, Ineffective Assistance of Counsel, Exculpatory No Doctrine, Confrontation Clause/Rights, Witnesses - Prior Statements/Testimony, Plea Agreements/Guilty Pleas.
- Texas Court of Criminal Appeals Grants Habeas Relief in ‘Shaken Baby Syndrome’ Case, Feb. 1, 2025. junk science, Habeas Corpus, Forensic Sciences, Child Abuse/Abusers, Evidence - Admissibility.
- California Prisoner Awarded Over $1.26 Million in Suit Challenging Withheld Legal Mail Which Resulted in Habeas Loss, Jan. 15, 2025. Settlements, Habeas Corpus, Mail Regulations, Legal Mail.
- Georgia Supreme Court Grants Habeas Relief Where Both Trial and Appellate Counsel Provided Ineffective Assistance by Failing to Challenge Indictment for Residential Burglary That Failed to Allege Defendant Illegally Entered a ‘Dwelling’, Jan. 15, 2025. Habeas Corpus, Ineffective Assistance of Counsel, Constitutional Challenges/Law.
- Ninth Circuit Holds District Courts Have No Authority Under Rule 4 of Rules Governing § 2254 Cases to Dismiss Habeas Petition on the Merits, Dec. 15, 2024. Habeas Corpus, Dismissal, Authority and Jurisdiction.
