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U.S. Supreme Court Justice Files Statement on Court’s Refusal to Hear Habeas Case, Despite Deep Circuit Split
Loaded on May 15, 2020
by Dale Chappell
published in Criminal Legal News
June, 2020, page 31
Filed under:
Habeas Corpus.
Location:
Ohio.
by Dale Chappell
While the U.S. Supreme Court refused to hear a case to settle a deep and widening split among the federal courts, the Court’s newest justice filed a statement on March 23, 2020, saying that he would grant certiorari in the “right case” to resolve a …
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More from this issue:
- Racism and Wrongful Convictions, by Matthew Clarke
- Sixth Circuit Grants Habeas Relief After Michigan Court Violates Confrontation Clause, by Dale Chappell
- Ninth Circuit: Mental Impairment that Prevented ‘Monitoring’ of Habeas Counsel’s Actions May Require Equitable Tolling, by Dale Chappell
- Tenth Circuit Vacates District Court’s Order Sealing Plea Supplement, Explaining Local Court Rule Doesn’t Abrogate Common Law Right of Access to Judicial Records, by Douglas Ankney
- Federal Judge Issues Order Reducing 40-Year Stacked § 924(c) Sentence Based on First Step Act Changes to Compassionate Release, by Chad Marks
- Latest Forensic Technology, Pattern Analysis, May Be ‘Pseudoscience’, by Michael Fortino, Ph.D
- SCOTUS: Jury Verdicts Must Be Unanimous to Convict on Criminal Charges, Overruling Apodaca, by Douglas Ankney
- ATF: What Is a Gun?, by Jayson Hawkins
- Michigan Supreme Court Announces that Duress May be Asserted as an Affirmative Defense to Felony Murder, Overruling Gimotty and Etheridge, by Douglas Ankney
- Texas Court of Criminal Appeals: Failure to Include ‘Or Others’ in Jury Instruction for Self-Defense Against Multiple Assailants Deprived Defendant of Defense, by Dale Chappell
- Virus Vigilantes v. Virus Violators: Shunning, Shaming, or Policing COVID-19 May not Be the Cure, by Michael Fortino, Ph.D
- SCOTUS: Due Process Doesn’t Require States to Adopt a Specific Test for Determining Insanity, by Douglas Ankney
- Fifth Circuit: Defendant Lacked Culpability in Attempting to Export Ammunition by Merely Purchasing It, by Anthony Accurso
- Iowa Supreme Court Vacates Guilty Plea for Lack of Evidence and Ineffective Assistance of Counsel, by David Reutter
- Second Circuit: Habeas Petition Not Moot Where It Attacked Inactive Original Order That Gave Rise to Current Active Order Restraining Petitioner’s Liberty, by Douglas Ankney
- Federal District Court Finds ‘Confusion’ Over Law in State Court Excused Late Filing of § 2255 Motion, by Dale Chappell
- Seventh Circuit Reiterates IAC Requires Only ‘Reasonable Probability,’ Not ‘More Likely Than Not,’ of Different Outcome, by Dale Chappell
- Divide and Conquer: New Algorithm Examines Crime-Scene Bullets Segment by Segment
- U.S. Supreme Court Justice Files Statement on Court’s Refusal to Hear Habeas Case, Despite Deep Circuit Split, by Dale Chappell
- SCOTUS: Knowledge that Driver’s License of Vehicle’s Registered Owner Was Revoked Provides Reasonable Suspicion to Initiate Traffic Stop, by Douglas Ankney
- Don’t Allow Government to Abuse Emergency Powers After COVID-19 Threat Subsides, by Douglas Ankney
- Notorious Louisiana Prosecutor Fired for Misconduct Technicality, by Edward Lyon
- Illinois Supreme Court: Failing to Stipulate Felon Status Allowing Jury to Hear About Murder Conviction Constitutes IAC, by Anthony Accurso
- 10th Circuit: Evidence Insufficient to Support Conviction for Attempting to Kill Witness, by Douglas Ankney
- $369,000 Settlement in Police Raid of Journalist’s Home and Office
- Delaware Supreme Court Clarifies Meaning of ‘Mixture’ as Used in State’s Controlled Substances Act, by Douglas Ankney
- Colorado Supreme Court: Defendant Has No Duty to Bring Himself to Trial, by Douglas Ankney
- Fifth Circuit Finds IAC for Failure to Object to Court’s Jury Instructions that Constructively Amended Indictment by Lowering Government’s Burden of Proof, by Dale Chappell
- Pennsylvania Supreme Court: Cronic’s Presumption of Prejudice Triggered by Counsel Failing to Secure Interpreter for First Day of Trial, by Douglas Ankney
- U.S. Supreme Court Rejects Fifth Circuit’s Rule Barring Plain-Error Review of Unpreserved Factual Arguments, by Dale Chappell
- Ohio Supreme Court Announces New Standard for ‘Actual Racial Bias’ for Jurors and Holds Counsel Was Ineffective for Failing to Strike Racially Biased Juror, by Douglas Ankney
- FBI’s Long History of Squelching Political Dissent Under the Guise of National Security, by Jayson Hawkins
- No Consequences for Prosecutors’ Bad Behavior, by Jayson Hawkins
- Utah Supreme Court: Dismissal of Second Post-Conviction Petition Improper Where First Petition Voluntarily Withdrawn, by Douglas Ankney
- Nevada Supreme Court Rules Bail Determination Requires Due Process and Severs Unconstitutional Language from Bail Statute, by Douglas Ankney
- Federal Court Overturns Conviction for Person Linked to Former Subway Spokesperson’s Child Porn Case, by Dale Chappell
- Study Sheds Light on ‘Recidivism’ and Probation and Parole Violations, by Dale Chappell
- California Court of Appeal: Unoccupied Running Vehicle Doesn’t Justify Warrantless Search of Residence, by Douglas Ankney
- Utah Residents Can Wind Up in Jail When They Miss Loan Payments, by Kevin Bliss
- Interpreting Emojis as Court Evidence, by Anthony Accurso
- LAPD Officers Accused of Entering Names of Innocent People Into Gang Database, by Douglas Ankney
- Massachusetts Supreme Judicial Court Clarifies Standards for Exit Order and Patfrisk, by Anthony Accurso
- ‘No-Knock Raids’ an Increasing Danger to Public Safety, by Jayson Hawkins
- A Mass Purge of Misconduct Records by Phoenix, Arizona Police, by Bill Barton
- Cops in Missouri Exploit Loophole to Seize $2.6 Million from Innocent Citizens, by Douglas Ankney
- How Old Is That Fingerprint?, by Douglas Ankney
- News in Brief
More from Dale Chappell:
- Arguing Successful Federal Habeas Corpus Claims, June 1, 2025
- How to Take Your Postconviction Case Directly to the U.S. Supreme Court: A Roadmap to Direct Collateral Review, March 15, 2025
- Federal Habeas Corpus for State Prisoners: Proving Unreasonableness Under AEDPA, Feb. 1, 2025
- Federal Court Rules Michigan’s Sex Offender Registration Laws Violate Constitution, Dec. 1, 2024
- Refuting the Government’s Argument Against Nonretroactive Changes in Law as Grounds for Compassionate Release, Oct. 1, 2024
- Federal Habeas Corpus: Getting Around Procedural Default, July 15, 2024
- The Death of the Savings Clause, May 15, 2024
- Federal Habeas Corpus: Understanding Second or Successive Petitions for State Prisoners, April 15, 2024
- Fourth Circuit Reinstates Relief From Death Penalty, Citing State’s Forfeiture of Argument Against Relief, May 15, 2023
- Federal Habeas Corpus: The Evidentiary Hearing for Federal Prisoners, April 15, 2023
More from these topics:
- Federal Habeas Quick Reference Guide for State Prisoners, Sept. 1, 2026. Retroactivity, Habeas Corpus, AEDPA, Actual Innocence/Claim of Innocence, Cause and Prejudice.
- Sixth Circuit Holds Kentucky Deficient-Counsel Belated-Appeal Procedure Tolls Federal Habeas One-Year Limitations Period, Sept. 1, 2026. Limitations, Habeas Corpus, AEDPA, Failure to Preserve Challenge, Tolling of Statutes of Limitations and Laches.
- Formally Available, Rarely Granted: A State Prisoner’s Guide to Federal Habeas Relief, Sept. 1, 2026. Administrative Exhaustion, Habeas Corpus, Bureau of Prisons Orders, Administrative Law/Remedies, Evidence - Integrity/Reliability of, Tolling of Statutes of Limitations and Laches, Federal Rules of Evidence, Statute of Limitations.
- Eleventh Circuit Holds § 2255 Motion Not “Second or Successive” After Intervening Amended Judgment Corrected Unlawful Sentences, Even as to Claims Concerning an Undisturbed Count, Aug. 1, 2026. Habeas Corpus, AEDPA, Effect of Vacatur.
- Eighth Circuit Dismisses Federal Prisoner’s Challenge to BOP Denying His Request for Expedited Transfer to Prerelease Custody, June 1, 2026. Release and Reentry, Habeas Corpus, First Step Act, Community Confinement/Home Detention, Credits.
- Sixth Circuit Announces State-Law Exceptions to Appeal Deadlines Preserve “Pending” Status Under AEDPA, Holding Belated-Appeal Procedures Toll Federal Habeas Limitations Period, April 1, 2026. Limitations, Habeas Corpus, AEDPA, Appealable Issues/Orders, Failure to Address/Advise Defendant.
- SCOTUS Sides with Federal Prisoner in Habeas Review Case, March 1, 2026. Habeas Corpus, AEDPA, Mandatory Minimum Sentence, Statutory Construction/Interpretation, Predicate Acts/Offenses.
- SCOTUS Announces Federal Prisoners May Seek Certiorari Review of Authorization Denials Under § 2255(h) and Are Not Subject to § 2244(b)(1)’s Bar on Previously Presented Claims, Feb. 1, 2026. Habeas Corpus, AEDPA, Appealable Issues/Orders, Statutory Construction/Interpretation, Authority and Jurisdiction.
- California Court of Appeal: Trial Courts Have Inherent Authority to Correct Unauthorized Sentences at Any Time Without Habeas Petition, Jan. 1, 2026. Habeas Corpus, Possession or Use of Firearms, Sentences - Authorized, Sentences - Corrections or Modifications of, Effect of Vacatur.
- First Circuit Announces Modification of Juvenile’s Life-Without-Parole Sentence to Parole-Eligible Life Term Constitutes “New Judgment” Under AEDPA, Exempting Second-in-Time Habeas Petition From Gatekeeping Requirements, Jan. 1, 2026. Parole, Habeas Corpus, Life without Parole (LWOP), AEDPA, Juvenile Offenses/Offenders.
