×
You've used up your 3 free articles for this month. Subscribe today.
Sixth Circuit Grants Habeas Relief on Ineffective Assistance of Counsel and Batson Claims
by Sam Rutherford
The U.S. Court of Appeals for the Sixth Circuit affirmed the U.S. District Court for the Eastern District of Michigan’s order granting a Michigan prisoner’s petition for writ of habeas corpus based on claims that he received ineffective assistance of counsel and that the State struck Blacks ...
Full article and associated cases available to subscribers.
As a digital subscriber to Criminal Legal News, you can access full text and downloads for this and other premium content.
Already a subscriber? Login
More from this issue:
- Cold Case Killer Kelly Siegler Is a True-Crime Celebrity. Did She Frame an Innocent Man for Murder?, by Jordan Smith, Liliana Segura
- Breakthrough in Burn Victim Identification: Ancient DNA Tech Offers New Hope, by Jo Ellen Nott
- Tenth Circuit Announces Assault Conviction Under 18 U.S.C. § 113(a)(6) Not a Qualifying Predicate ‘Crime of Violence’ for Purposes of USSG § 2K2.1(a)(3), by Douglas Ankney
- New York Court of Appeals Announces ‘Due Diligence’ Is Applicable Standard for Certificate of Compliance Regarding Discovery Obligations and Trial Readiness, Improper Certificate Is ‘Illusory” and Fails to Toll Speedy Trial Clock, by Matthew Clarke
- Ohio Supreme Court Announces Same Postconviction-Relief Filing Deadline Applies to ‘Delayed Appeal’ as Applies to Any Other Type of Direct Appeal, by Douglas Ankney
- Federal Habeas Corpus: Getting Around Procedural Default, by Dale Chappell
- New NIJ-Funded Website Assists Forensic Practitioners Estimate Age of Unidentified Skeletal Remains of Infants and Teens Based on Dental Data, by Douglas Ankney
- $3.76 Million Awarded to Denver Grandmother for SWAT Raid of Home Based on Inaccurate iPhone Ping, by Jo Ellen Nott
- Minnesota Supreme Court Announces Good-Faith Exception to Exclusionary Rule Under State Constitution Does Not Apply to Search and Arrest Based on Quashed Warrant That Appears Active Due to Clerical Error by Court Administration, by Douglas Ankney
- California Court of Appeal Announces Rulings on Three Issues of First Impression Involving Certificate of Appealability and Habeas Petition, by Douglas Ankney
- Tennessee Supreme Court Announces Prospective Abrogation of Common Law Accomplice-Corroboration Rule, by Douglas Ankney
- Surveillance Tech Companies Compose Self-Promoting Press Releases for Cops That Media Lazily Regurgitates, by Matthew Clarke
- South Carolina Supreme Court: Confession Involuntary Where Police Provide Miranda Warnings Then Tell Defendant Statements Are Confidential, by Sam Rutherford
- Ninth Circuit Announces That Asking About Parole Status During Traffic Stop Does Not Violate Fourth Amendment, by Sam Rutherford
- UN Human Rights Committee Report: ICE Electronic Data Surveillance Practices Violate Human Rights Law, by Matthew Clarke
- Fourth Circuit Announces ‘Sentencing Package Doctrine’ Permits District Court to Resentence Both Covered and Noncovered Offenses Under First Step Act, by Sam Rutherford
- ‘Asian Nazis’ Be Damned: Cops Coveting AI for 2024, by Michael Thompson
- Prosecutors Receive Absurdly Lenient Sentence of Probation for Brady Violation That Resulted in an Innocent Man Spending More Than Four Years in Prison, by Douglas Ankney
- Federal Government Proposes Reclassifying Marijuana as Less Dangerous Schedule III Drug in Historic Policy Shift, by Jo Ellen Nott
- The 153 Exonerations in 2023 Include 19 Resulting From Threats or Sentences of Death, by Casey Bastian
- SCOTUS Announces Federal Sentence Under ACCA Based on Federal Classification of Drug at Time of State Court Proceeding, by Sam Rutherford
- California Court of Appeal Explains Qualification for Mental Health Diversion Under Pen. Code § 1001.36, Rules Defendant Qualified for Pretrial Mental Health Diversion, by David Reutter
- Rethink Googling That Video of Big Bird Teaching Your Child the Letter ‘B’—You Might Be Caught in a Federal Dragnet, by Douglas Ankney
- DOJ Is Charging Founders of Samourai Wallet for Allegedly Laundering Bitcoin, by Michael Thompson
- What’s in a Name: ShotSpotter Becomes SoundThinking, But Problems Remain, by Michael Thompson
- Foundations of Firearms Audio Forensics Built by Dr. Robert Maher Will Continue to Be Important Forensic Tool as More Recording Devices Are Present at Crime Scenes, by Jo Ellen Nott
- Colorado Supreme Court Announces First Degree Criminal Trespass of Dwelling Is Lesser-Included Offense of Second Degree Burglary, Explicitly Overruling Garcia, and Merger Is Remedy for Double Jeopardy Sentencing Error, by Sam Rutherford
- Eleventh Circuit Reverses District Court’s Grant of Habeas Relief, Notes It’s ‘Murky on When Putting Two Suspects in a Room Together Qualifies as Interrogation Under Miranda’, by Douglas Ankney
- Minnesota Becomes Third State to Restrict ‘Excited Delirium’, by Jordan Arizmendi
- Sixth Circuit Grants Habeas Relief on Ineffective Assistance of Counsel and Batson Claims, by Sam Rutherford
- News in Brief
More from Sam Rutherford:
- Ninth and Tenth Circuits Find Bivens Extension Orders Not Immediately Appealable, March 1, 2025
- New Mexico Corrections Department Continues Pattern of Abuse With Contract Medical Provider Wexford Health Sources, Feb. 15, 2025
- Hawai’i Supreme Court Reverses Murder Conviction for Prosecutorial Misconduct Based on Prosecution’s Improper Statements During Closing Arguments, Feb. 15, 2025
- 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
- Fourth Circuit Decision on Claim of Retaliation for Exercising First And Sixth Amendment Rights Highlights Police Corruption, Feb. 15, 2025
- Washington DOC Physician Assistant Surrenders Medical License in Wake of Malpractice Allegations, Feb. 15, 2025
- California Court of Appeal Announces Defendants May Obtain Brady Evidence From Police Officers’ Personnel Files in Advance of § 1172.6 Hearing Requesting Vacatur of Conviction and Resentencing for Certain Types of Murder Convictions, Feb. 15, 2025
- Massachusetts Supreme Court Vacates Threat-Based Conviction on First Amendment Grounds Because Jury Instructions Failed to Include Mens Rea Element Mandated by Counterman for ‘True-Threat’ Conviction, Feb. 15, 2025
- California Court of Appeal Announces Equal Protection Entitles Youth Offenders Convicted of Special Circumstances Murder Predicated on Robbery or Burglary to Franklin and Parole Hearings Under Cal. Penal Code § 3051, Feb. 15, 2025
- Law Enforcement Obscures Use of Facial Recognition Technology, Feb. 15, 2025
More from these topics:
- Federal Habeas Corpus for State Prisoners: Proving Unreasonableness Under AEDPA, Feb. 1, 2025. AEDPA, Procedural Reasonableness, Reasonableness of Sentence.
- Eleventh Circuit Reverses District Court’s Grant of Habeas Relief, Notes It’s ‘Murky on When Putting Two Suspects in a Room Together Qualifies as Interrogation Under Miranda’, July 15, 2024. AEDPA, Miranda, Custodial Interrogations, Minors, Use of, Interrogation.
- 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.
- Maine Supreme Court: Defense Counsel Ineffective for Opening Door to Otherwise Inadmissible Evidence of Bad Character, April 15, 2024. Parental rights, Counsel - Effective Assistance of, Strickland Standard, Failure to Preserve Challenge, Failure to Consult/Investigate/Raise, Battered Child/Spouse Evidence, Character/Reputation/Propensity, Bad Acts Evidence.
- Federal Habeas Corpus: Understanding Second or Successive Petitions for State Prisoners, April 15, 2024. Resources, Habeas Corpus, AEDPA.
- 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.
- Third Circuit: Defense Counsel Ineffective Under Strickland Where Counsel Sat Silent After Judge Threatened to Charge Witness With Perjury Unless Testimony Changed, Feb. 15, 2024. AEDPA, False Statements/Perjury, Strickland Standard, Strickland v. Washington, Failure to Object/Late Objections.
- Fifth Circuit Affirms Habeas Relief Granted to Capital Defendant Where Counsel Failed to Impeach State’s Pivotal Wit-ness with Available Forensic Evidence, Jan. 15, 2024. AEDPA, Effective Assistance of Counsel, Counsel - Effective Assistance of, Strickland Standard, Identification Documents/Evidence, Failure to Consult/Investigate/Raise, Trial Strategy, Strickland v. Washington.
- U.S. Supreme Court Apparently Prioritizes Ideology Over Guilt or Innocence, Jan. 15, 2024. AEDPA, Procedural Default/Error, Proving Cause, Capital Cases, Procedural Error, Effective Assistance of Counsel, Counsel - Right to, Counsel - Effective Assistance of, Strickland Standard, Per se ineffectiveness, Right to Counsel.