Skip navigation
The Habeas Citebook: Prosecutorial Misconduct - Header

Articles by Dale Chappell

SCOTUS ‘Shadow Docket’ Secretly Pushes Agendas, Issues Major Rulings Without Argument or Public Knowledge

 by Dale Chappell

For the first time since 1862, the U.S. Supreme Court has decided a record low number of regular-docket cases – just 52. But that doesn’t mean the highest court in the land wasn’t busy. In fact, it was busier than ever, handing down decisions under the cover ...

California Court of Appeal Grants Habeas Relief Over Failure to Instruct Jury on ‘Heat of Passion’

Jonathan Hampton filed ...

Attacking the Guilty Plea: The Art of Withdrawing a Guilty Plea

by Dale Chappell

The art of withdrawing a guilty plea comes down to which phase of the criminal proceeding the guilty plea is at when the motion to withdraw is filed. The phases are: (1) prior to it being accepted by the court, (2) after acceptance but before sentencing, and ...

Fourth Circuit: Releasee Under First Step Act Can’t ‘Bank’ Extra Time Spent in Prison Toward Future Supervised Release Violation

While the ...

Ninth Circuit Clarifies Use of Rule 60(b) for Changes in Law

The U.S. Court of Appeals for the Ninth Circuit has clarified when Federal Rule of ...

California Supreme Court Announces New Time Limit for Habeas ‘Appeal’ Stages, Clarifying Tolling for Federal Habeas Petitioners

Almost nine ...

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

California Supreme Court Vacates LWOP Sentence After Its Recent Cases Clarifying ‘Special Circumstance’ Murder

A decade ago, a jury ...

Seventh Circuit: Sentences for ‘Non-Covered’ Offenses Can Also Be Reduced Under First Step Act

The U.S. Court of Appeals for the Seventh Circuit ruled on July 22, 2020, that when a “covered offense” under the First Step Act is reduced, a non-covered offense may also be reduced to achieve the purposes of sentencing, reiterating that any covered offense allows a court ...

Fourth Circuit Grants ‘SOS’ § 2254 Petition Attacking Three-Decade-Old Murder Conviction Based on New Evidence

The U.S. Court of Appeals for the Fourth Circuit granted permission for a state prisoner to file a second or successive (“SOS”) habeas corpus petition in the federal court to attack a three-decade-old murder conviction based on newly discovered evidence.

On August 23, 1985, a mother of ...

 

 

CLN Subscribe Now Ad 450x600
Advertise Here 3rd Ad
The Habeas Citebook Ineffective Counsel Side