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Arguing Successful Federal Habeas Corpus Claims
Loaded on June 1, 2025
by Dale Chappell
published in Criminal Legal News
June, 2025, page 21
Filed under:
Habeas Corpus,
Sixth Amendment,
Ineffective Assistance of Counsel.
Location:
United States of America.
This column is a follow-up to my original column published in the March 2021 issue of Criminal Legal News titled “Raising Successful Federal Habeas Corpus Claims.” In that first piece, I explained how to identify valid claims for federal habeas relief, claims that have the potential to justify relief. This ...
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More from this issue:
- Arguing Successful Federal Habeas Corpus Claims, by Dale Chappell
- Policing the Vulnerable: The Criminalization of Disability, by Casey Bastian
- Los Angeles Criminal Legal System Undermined by Months of Faulty DNA Testing, by Jo Ellen Nott
- Fourth Circuit: District Court Failed to Provide Sufficient Explanation for Sentence Imposed and Did Not Address Defendant’s Arguments for Downward Variant Sentence, by David Reutter
- Maryland Reforms Offer Second Chances on Expungement and Parole, by Jo Ellen Nott
- Minnesota Supreme Court Clarifies Standard for Determining Whether a Defendant Is Entitled to Jury Instructions on Self-defense and Defense of Others, by Douglas Ankney
- First Circuit Announces What Constitutes ‘Otherwise Using’ a Dangerous Weapon for Purposes of the Four-Level Enhancement Under Guidelines § 2B3.1(a), by Sagi Schwartzberg
- Car Subscriptions: Another Means of Mass Surveillance by Law Enforcement, by David Kim
- The Crushing Toll of Ohio’s Death Penalty: A Billion-Dollar Failure, by David Kim
- Illinois Supreme Court: Use of Flashlight by Police to See Through Small Gap in Chained and Padlocked Kitchen Cabinet Doors Constitutes ‘Search’ Under Fourth Amendment, by Jeffrey Cohen
- Illinois ‘Murderer’ Registry Punishes More Than It Protects, by Jo Ellen Nott
- Fourth Circuit: Procedurally Unreasonable Sentence Where District Court Failed to Address Defendant’s Non-Frivolous Downward Variance Argument Based on Sentencing Disparity Due to Which State’s Statute Prior Conviction Based Upon, by Anthony Accurso
- Rhode Island Supreme Court Announces Indigent First-Time Applicant for Postconviction Relief Entitled to Counsel Even When Not Requested; Superior Court Must Determine Whether Applicant Intended to Waive Right to Counsel and Whether Done Knowingly, Vol, by Phillip Wasserman, J.D.
- SCOTUS Announces Knowingly or Intentionally Causing Bodily Injury or Death by ‘Omission’ Necessarily Involves ‘Use’ of ‘Physical Force’ for Purposes of § 924(c), by David Kim
- Blindfolded Juries, Coerced Convictions: Why Prosecutors Often Win Before Trials Even Begin, by Clark Neily
- Facial Recognition at the Border: CBP’s Push to Scan Every Car Passenger Sparks Privacy Concerns, by David Kim
- Bipartisan Legislative Wins in Virginia and Utah Expand Job Opportunities for Formerly Incarcerated Individuals, by Jo Ellen Nott
- South Carolina Supreme Court Announces Traditional Four-Element Standard for When Person Has Right to Use Deadly Force in Self-Defense Not Applicable to Non-Deadly Force Self-Defense Analysis, by Richard Resch
- Fingerprints as New Drug-Detection Method, by James Mills
- Mississippi Supreme Court Vacates Convictions, Holding Multiple Errors by State Resulted in ‘Legal Chaos’ That Deprived Defendant of Right to Fair Trial Under ‘Cumulative-Error Doctrine’, by Jeffrey Cohen
- SCOTUS Announces Rejection of ‘Moment-of-Threat Doctrine’ Because It Improperly Narrows Required ‘Totality of the Circumstances’ Analysis for Fourth Amendment Excessive-Force Claims, by David Kim
- ‘Sexome’ Bacteria Offers New Path to Justice in Sexual Assault Cases Where DNA Is Not Present, by Jo Ellen Nott
- Georgia Eliminates Legal Standard That Sent Intellectually Disabled Prisoners to Death Row, by David Kim
- SCOTUS Announces Only ‘False’ Statements Made to FDIC Are Criminalized Under 18 U.S.C. § 1014, Not Statements That Are ‘Misleading’ but True, by Richard Resch
- 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:
- On Remand, Eleventh Circuit Clarifies, Affirms Grant of Habeas Relief to Death Row Prisoner, Aug. 1, 2025. Habeas Corpus, Death Penalty, Death Row.
- Illinois Supreme Court Announces Conviction for Attempted First Degree Murder Requires ‘Intent to Kill Without Lawful Justification, Aug. 1, 2025. Jury Instructions, Ineffective Assistance of Counsel, Inconsistent.
- 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.
- News in Brief, June 1, 2025. Staff-Prisoner Assault, Guard Misconduct, Excessive Force, Guard Brutality/Beatings, 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.
- Massachusetts Supreme Judicial Court: Defense Counsel Had Actual Conflict of Interest Where Own Performance During Police Interview of Defendant Could Serve as Basis of Motion to Suppress Based on Ineffective Assistance of Counsel, New Trial Required W, March 15, 2025. Ineffective Assistance of Counsel, Motions To Suppress, Conflict of Interest.
- 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.
- Ninth Circuit: Defense Counsel Ineffective for Failing to Move to Suppress Evidence Obtained as a Result of Police Officer Trespassing on Curtilage of Defendant’s Home, Feb. 1, 2025. Ineffective Assistance of Counsel, Motions To Suppress, Searches - Home/Curtilage, Suppression.
- 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.
