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Justice Sotomayor Raises Due Process Concerns Over Eleventh Circuit’s Use of Published Successive Habeas Denial Orders

Loaded on Sept. 15, 2020 by Dale Chappell published in Criminal Legal News October, 2020, page 24
Filed under: Habeas Corpus, Denial of Due Process. Location: Florida.

by Dale Chappell

The U.S. Court of Appeals for the Eleventh Circuit publishes more orders denying “second or successive” habeas corpus petitions (“SOS applications”) than any other Circuit, and it then uses those published cases against every litigant who comes before the court, even those on direct appeal. The practice ...

 

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  1. SCOTUS ‘Shadow Docket’ Secretly Pushes Agendas, Issues Major Rulings Without Argument or Public Knowledge, by Dale Chappell
  2. The Junk Science Cops Use to Decide You’re Lying, by Jordan Smith
  3. From the Editors
  4. California Court of Appeal Grants Habeas Relief Over Failure to Instruct Jury on ‘Heat of Passion’, by Dale Chappell
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  6. Fourth Circuit: Releasee Under First Step Act Can’t ‘Bank’ Extra Time Spent in Prison Toward Future Supervised Release Violation, by Dale Chappell
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  8. Sixth Circuit Reverses District Court’s Grant of Summary Judgment to Defendants in § 1983 Suit Against City and Police Officers, by Douglas Ankney
  9. Ninth Circuit Clarifies Use of Rule 60(b) for Changes in Law, by Dale Chappell
  10. Nebraska Supreme Court Announces Remand for New Sentencing Hearing Appropriate Remedy for Enhanced Vehicular Homicide Sentence Without Evidence of Prior Convictions, by Douglas Ankney
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  12. Colorado Supreme Court Announces New Rules for Awarding Presentencing Credit, by Anthony Accurso
  13. Government Agencies Expand Use of Private Companies to Bypass Constitution, by Casey Bastian
  14. California Supreme Court Announces New Time Limit for Habeas ‘Appeal’ Stages, Clarifying Tolling for Federal Habeas Petitioners, by Dale Chappell
  15. Defense Officials: Law Enforcement in Military Garb not Appropriate, by Casey Bastian
  16. South Carolina Supreme Court: Failure to Give Logan Instruction Not Harmless Error Where Evidence Almost Entirely Circumstantial, by Douglas Ankney
  17. Justice Sotomayor Raises Due Process Concerns Over Eleventh Circuit’s Use of Published Successive Habeas Denial Orders, by Dale Chappell
  18. Colorado Supreme Court: Prosecution Prohibited From Arguing Defendant’s Failure to Retreat Showed Lack of Fear, Undermining Claim of Self-Defense, by Douglas Ankney
  19. Seventh Circuit: District Court Abused Discretion by Denying Relief Without First Considering Recalculations Under First Step Act, by Douglas Ankney
  20. California Supreme Court Vacates LWOP Sentence After Its Recent Cases Clarifying ‘Special Circumstance’ Murder, by Dale Chappell
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  25. Interactions Between Diabetics and Law Enforcement Can Become Life-Threatening, by Casey Bastian
  26. Fourth Circuit Grants ‘SOS’ § 2254 Petition Attacking Three-Decade-Old Murder Conviction Based on New Evidence, by Dale Chappell
  27. Washington Federal Court: Looking at Lock Phone Screen Requires Warrant, by Anthony Accurso
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