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Articles by Dale Chappell

Ninth Circuit Clarifies Montana Supreme Court’s Sentence Review Division Is Not an ‘Appeal’ Triggering Habeas Clock

Kansas Supreme Court Affirms Dismissal of Convictions After State Fails to Preserve Issue for Appeal

After Emmanuel Ellie ...

Tenth Circuit: District Courts Have Authority to Decide What Constitutes ‘Extraordinary and Compelling Reasons’ for Compassionate Release After First Step Act

Federal Habeas Corpus: Discovery and Expanding the Record

Eleventh Circuit: Timely Filed Amended Fla. R. Crim. P. 3.850 Motion Tolls AEDPA Clock, Rejects State’s Proposed 30-Day Limitations Period

Ninth Circuit Joins Five Other Circuits in Holding § 1B1.13 Doesn’t Apply to Compassionate Release Motions by Prisoners

Sixth Circuit: State Court Committed Constitutional Error in Applying Ohio Rules of Evidence 606(B) to Deny Right to Fair Trial

After Abulay Nian was convicted of rape in an Ohio court, he moved for a ...

Direct Collateral Review Creates Path Around AEDPA Hurdles for State Prisoners Seeking Postconviction Relief

by Dale Chappell

It’s called “direct collateral review,” and it’s quickly becoming a way for state prisoners to get around the obstacles and roadblocks to receiving habeas relief in federal court. Never heard of it? Read on.

During the 1950s and 1960s, the Supreme Court of the United States (“SCOTUS”) ...

Maine Supreme Court: Counsel’s Introduction of Victim’s Video Interview with Police Was Not ‘Sound Trial Strategy,’ Constituted IAC

Benjamin Hodgdon was a teacher in Hancock County when ...

SCOTUS Reaffirms Habeas Court Must Consider Entire Record Before ‘Disturbing’ a State Criminal Judgment



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