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Seventh Circuit: Federal Habeas Relief for State Prisoner Due to Counsel’s Failure to Raise No-Causation Defense
Loaded on April 15, 2021
by Dale Chappell
published in Criminal Legal News
May, 2021, page 14
Filed under:
Spisak Theory.
Location:
Wisconsin.
by Dale Chappell
The U.S. Court of Appeals for the Seventh Circuit affirmed the grant of federal habeas corpus relief to a state prisoner, finding that counsel was ineffective for failing to raise a no-causation defense because of his “fundamental misunderstanding” of a key witness’ testimony at trial.
The case ...
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More from this issue:
- No-Knock Warrants Leave Trail of Terror, Property Damage, and Deaths, by David Reutter
- A Primer on Overcriminalization, by David Reutter
- Eighth Circuit Vacates Habeas Denial, Remands to Determine Whether ‘Martinez Exception’ Excused Procedural Default by State Prisoner, by Dale Chappell
- Seventh Circuit: Federal Habeas Relief for State Prisoner Due to Counsel’s Failure to Raise No-Causation Defense, by Dale Chappell
- Federal Habeas Corpus: Filing Procedures, by Dale Chappell
- The Parole App Trap, by Jayson Hawkins
- Fourth Circuit: Police Request for ID Outside Valid Terry Stop Unconstitutional, by Anthony Accurso
- Seventh Circuit Vacates Sentence Where District Court Improperly Imposed Leadership Enhancement, by Douglas Ankney
- New Jersey Police Union Contracts Laden With Financial Largesse, by Casey Bastian
- D.C. Circuit Highlights Racial Disparity Concerns With First Step Act After District Court Erroneously Denies Relief, by Dale Chappell
- D.C. Department of Forensic Sciences Firearms Examination Unit Under Fire, by Derek Gilna
- Seventh Circuit Exercises Supervisory Powers in Reversing District Court’s Judgment Revoking Supervised Release, by Douglas Ankney
- Seventh Circuit: District Court Retains Jurisdiction When Habeas Petitioner Moves to Prison Outside of District, by Dale Chappell
- Iowa Supreme Court Announces Brady Standard Applies to Motion for New Trial Based on Withheld Exculpatory Medical Records, by Douglas Ankney
- Abuse of Civil Asset Forfeiture Laws Prompts Class Action Lawsuit, by Casey Bastian
- Michigan State Police Reverse on Use of Messaging App That Can Evade FOIA Requests, by Douglas Ankney
- Tech Company Enables Surveillance, by Jayson Hawkins
- Wyoming Supreme Court: District Court Abused Discretion by Granting State’s Dismissal of Charges Without Prejudice and Refiling to Gain Tactical Advantage, Remands for Dismissal With Prejudice, by Douglas Ankney
- Fourth Circuit: Employment Restriction for Supervised Release Overbroad and Impermissible Delegation of Power to Probation, by Dale Chappell
- Texas Court of Criminal Appeals: Good Faith Exception Inapplicable to Unsworn Search Warrant, by Anthony Accurso
- Arkansas Supreme Court: Unborn Child Not a ‘Person’ Under Sentencing Enhancement Scheme, by Anthony Accurso
- New Jersey Appellate Court Holds Defendant Entitled to Source Code of Novel Probabilistic Genotyping Software Upon Showing of Particularized Need, by Douglas Ankney
- Orwellian Fusion Centers Are Watching You, by Casey Bastian
- Utah Supreme Court: Appeal of Plea in Justice Court Doesn’t Vacate Judgment, by David Reutter
- California Court of Appeal: Prisoners Are Not Required to Serve ‘Thompson Terms’ After Grant of Parole Under Elderly Parole Program, by Douglas Ankney
- North Carolina Supreme Court Reverses Embezzlement Convictions for Failure to Hold Competency Hearing After Mid-Trial Suicide Attempt, Involuntary Commitment, by Matthew Clarke
- New York Court of Appeals Rejects Federal Jurisprudence Allowing Searches of Vehicles Based on Warrants Authorizing Searches of ‘Premises’, by Douglas Ankney
- Surveillance and the City, by Jayson Hawkins
- Fifth Circuit: Anonymous Tip Didn’t Provide Reasonable Suspicion to Conduct Investigatory Stop, by Douglas Ankney
- Ohio Supreme Court: Imposing Two Punishments for One Quantity of Mixture of Heroin and Fentanyl Violates Double Jeopardy, by Douglas Ankney
- Illinois Study: Crime Rate not Tied to Prison Population Levels, by Kevin Bliss
- Ninth Circuit: State’s Forced Medication Order Was Properly Challenged Under Federal Habeas Corpus, by Dale Chappell
- Tracking Browser History, by Jayson Hawkins
- Ninth Circuit Announces Police Inserting Key in Car Door to Determine Vehicle Ownership Constitutes Search Overruling Circuit Precedent, by Anthony Accurso
- All Bark but No Bite, by Douglas Ankney
- Socially Unacceptable New York Cops, by Edward Lyon
- News in Brief
- New Jersey Supreme Court Announces Adoption of Framework for Evaluating Discovery Motions Challenging Warrant Affidavits Based on Unidentified Confidential Informants, by Douglas Ankney
More from Dale Chappell:
- 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
- Federal Habeas Corpus: How to Raise a Fourth Amendment Claim, Feb. 15, 2023