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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 ‘Seco...
Article • August 1, 2025 • from CLN August, 2025
Filed under: Habeas Corpus, AEDPA
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 by Douglas Ankney In a case of first impression, the United States Court of Appeals for …
Ninth Circuit Grants Stay and Abeyance of Federal Habeas Petition to Allow Petitioner to Exhaust State Remedies
Article • April 15, 2025 • from CLN May, 2025
Filed under: Administrative Exhaustion (PLRA), Habeas Corpus, AEDPA, Amendments to Petition
Ninth Circuit Grants Stay and Abeyance of Federal Habeas Petition to Allow Petitioner to Exhaust State Remedies by Sagi Schwartzberg by Sagi Schwartzberg The United States Court of Appeals for the Ninth Circuit ruled that Eugene Allen Doerr satisfied the criteria set forth in Rhines v. Weber, 544 U.S. 269 …
How to Take Your Postconviction Case Directly to the U.S. Supreme Court: A Roadmap to Direct Collateral Review
Article • March 15, 2025 • from CLN April, 2025
Filed under: AEDPA, Collateral Order Exception
How to Take Your Postconviction Case Directly to the U.S. Supreme Court: A Roadmap to Direct Collateral Review by Dale Chappell by Dale Chappell For prisoners who have exhausted their state postconviction options, the path to relief in federal court is filled with obstacles. Many assume that the only option …
SCOTUS Clarifies It Had Already Been ‘Clearly Established Federal Law’ in 2004 for Purposes of AEDPA That Evidence at Trial Can Be So Prejudicial as to Violate Due Process
Article • March 15, 2025 • from CLN April, 2025
Filed under: AEDPA, Denial of Due Process
SCOTUS Clarifies It Had Already Been ‘Clearly Established Federal Law’ in 2004 for Purposes of AEDPA That Evidence at Trial Can Be So Prejudicial as to Violate Due Process by Sam Rutherford by Sam Rutherford The Supreme Court of the United States clarified that it had already been clearly established …
Federal Habeas Corpus for State Prisoners: Proving Unreasonableness Under AEDPA
Article • February 1, 2025 • from CLN February, 2025
Filed under: AEDPA, Procedural Reasonableness, Reasonableness of Sentence
Federal Habeas Corpus for State Prisoners: Proving Unreasonableness Under AEDPA by Dale Chappell by Dale Chappell If you’re reading this, you’re probably looking to understand how to challenge your state court conviction in federal court. Federal habeas corpus petitions give you that chance, but since 1996, the path has gotten …
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’
Article • July 15, 2024 • from CLN July, 2024
Filed under: AEDPA, Miranda, Custodial Interrogations, Minors, Use of, Interrogation
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 by Douglas Ankney The U.S. Court of Appeals for the Eleventh Circuit reversed the U.S. District Court for the Southern District …
Sixth Circuit Grants Habeas Relief on Ineffective Assistance of Counsel and Batson Claims
Article • July 15, 2024 • from CLN July, 2024
Filed under: AEDPA, Batson Claims, Failure to Consult/Investigate/Raise
Sixth Circuit Grants Habeas Relief on Ineffective Assistance of Counsel and Batson Claims by Sam Rutherford 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 …
Retraction: ‘Federal Habeas Corpus: The Savings Clause Remedy for Federal Prisoners’ by Dale Chappell
Article • May 15, 2024 • from CLN May, 2024
Filed under: Habeas Corpus, AEDPA
Retraction: ‘Federal Habeas Corpus: The Savings Clause Remedy for Federal Prisoners’ by Dale Chappell by We are writing to inform our readers about a serious error regarding the above-titled Column published in the February 2024 issue of Criminal Legal News. We are retracting the Column in its entirety. We sincerely apologize for …
The Death of the Savings Clause
Article • May 15, 2024 • from CLN May, 2024
Filed under: Habeas Corpus, AEDPA
The Death of the Savings Clause by Dale Chappell by Dale Chappell As most federal prisoners know, the so-called “Savings Clause” under 28 U.S.C. § 2255(e) is now dead in the wake of the ultra-conservative Supreme Court’s questionable decision in Jones v. Hendrix, 143 S. Ct. 1857 (2023). If you’re not …
Federal Habeas Corpus: Understanding Second or Successive Petitions for State Prisoners
Article • April 15, 2024 • from CLN April, 2024
Filed under: Resources, Habeas Corpus, AEDPA
Federal Habeas Corpus: Understanding Second or Successive Petitions for State Prisoners by Dale Chappell by Dale Chappell In the name of finality, federal courts are reluctant to undo criminal judgments of the state courts—especially repeated attempts by petitioners to do so under federal habeas corpus. When the Antiterrorism and Effective …
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
Article • March 15, 2024 • from CLN March, 2024
Filed under: Habeas Corpus, AEDPA, Sentence and Judgement, Failure to Consult/Investigate/Raise
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 by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Seventh Circuit made the rare decision to order an evidentiary …
Third Circuit: Defense Counsel Ineffective Under Strickland Where Counsel Sat Silent After Judge Threatened to Charge Witness With Perjury Unless Testimony Changed
Article • February 15, 2024 • from CLN February, 2024
Filed under: AEDPA, False Statements/Perjury, Strickland Standard, Strickland v. Washington, Failure to Object/Late Objections
Third Circuit: Defense Counsel Ineffective Under Strickland Where Counsel Sat Silent After Judge Threatened to Charge Witness With Perjury Unless Testimony Changed by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Third Circuit ruled that Ronald Rogers was denied effective assistance of counsel when his attorney …
Fifth Circuit Affirms Habeas Relief Granted to Capital Defendant Where Counsel Failed to Impeach State’s Pivotal Wit-ness with Available Forensic Evidence
Article • January 15, 2024 • from CLN January, 2024
Filed under: AEDPA, Effective Assistance of Counsel, Counsel - Effective Assistance of, Strickland Standard, Identification Documents/Evidence, Failure to Consult/Investigate/Raise, Trial Strategy, Strickland v. Washington
Fifth Circuit Affirms Habeas Relief Granted to Capital Defendant Where Counsel Failed to Impeach State’s Pivotal Wit-ness with Available Forensic Evidence by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Fifth Circuit affirmed the U.S. District Court for the Eastern District of Louisiana’s grant of habeas …
U.S. Supreme Court Apparently Prioritizes Ideology Over Guilt or Innocence
Article • January 15, 2024 • from CLN January, 2024
Filed under: 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
U.S. Supreme Court Apparently Prioritizes Ideology Over Guilt or Innocence by Douglas Ankney by Douglas Ankney The current justices on the Supreme Court of the United States (“SCOTUS”) apparently prioritize ideology over guilt or innocence. Almost 40 years ago, SCOTUS held that the U.S. Constitution’s Sixth Amendment guarantee of a …
Fourth Circuit: Evidentiary Hearing Required Where Prisoner’s Allegation of Mental Illness, if True, Is Sufficient to Demonstrate ‘Extraordinary Circumstances’ Warranting Both Rule 60(b)(6) Relief an...
Article • January 15, 2024 • from CLN January, 2024
Filed under: New Trial Motions, AEDPA, Mental Health, Statutes of Limitation and Laches, Tolling of Statutes of Limitations and Laches
Fourth Circuit: Evidentiary Hearing Required Where Prisoner’s Allegation of Mental Illness, if True, Is Sufficient to Demonstrate ‘Extraordinary Circumstances’ Warranting Both Rule 60(b)(6) Relief and Tolling of Habeas SOL by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Fourth Circuit held that an evidentiary hearing was …
U.S. Supreme Court Announces § 2255(e)’s ‘Saving Clause’ Does Not Enable Prisoners to File § 2241 Petition Based on AEDPA’s Rule Against Second or Successive § 2255 Motions
Article • October 1, 2023 • from CLN October, 2023
Filed under: New Trial Motions, AEDPA
U.S. Supreme Court Announces § 2255(e)’s ‘Saving Clause’ Does Not Enable Prisoners to File § 2241 Petition Based on AEDPA’s Rule Against Second or Successive § 2255 Motions by Douglas Ankney by Douglas Ankney Resolving a split among the U.S. Courts of Appeals, the Supreme Court of the United States …
Ninth Circuit Announces State Habeas Petition Remains ‘Pending’ for Purposes of AEDPA 1-Year SOL While State Relief Remains Open Regardless of Whether Petitioner Utilizes It
Article • August 1, 2023 • from CLN August, 2023
Filed under: AEDPA
Ninth Circuit Announces State Habeas Petition Remains ‘Pending’ for Purposes of AEDPA 1-Year SOL While State Relief Remains Open Regardless of Whether Petitioner Utilizes It by Richard Resch by Richard Resch The U.S. Court of Appeals for the Ninth Circuit held that a postconviction relief (“PCR”) application in Arizona is …
Seventh Circuit: State Court Decision Not Entitled to AEDPA Deference Due to Incorrect Legal Standard, Pro Se Habeas Petition Granted Based on Trial Counsel’s Failure to Present Expert Witness on Dete...
Article • February 15, 2023 • from CLN March, 2023
Filed under: Expert Witnesses, AEDPA, Ineffective Assistance of Counsel, Per se ineffectiveness
Seventh Circuit: State Court Decision Not Entitled to AEDPA Deference Due to Incorrect Legal Standard, Pro Se Habeas Petition Granted Based on Trial Counsel’s Failure to Present Expert Witness on Determinative Issue of Guilt Resulting in IAC by Jacob Barrett by Jacob Berrett The U.S. Court of Appeals for the …
First Circuit Reverses Denial of Habeas Relief Where District Court Found Batson Error but Observed AEDPA, Deferred to State Court’s Finding that No Batson Error Occurred
Article • December 15, 2022 • from CLN January, 2023
Filed under: Habeas Corpus, AEDPA, Batson Claims
First Circuit Reverses Denial of Habeas Relief Where District Court Found Batson Error but Observed AEDPA, Deferred to State Court’s Finding that No Batson Error Occurred by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the First Circuit reversed the U.S. District Court for the District of …
Seventh Circuit: Federal Habeas Corpus – AEDPA Time Limit Opens Door for Savings Clause Relief
Article • September 15, 2022 • from CLN October, 2022
Filed under: AEDPA
Seventh Circuit: Federal Habeas Corpus – AEDPA Time Limit Opens Door for Savings Clause Relief by Dale Chappell by Dale Chappell Expanding the savings clause yet again, the U.S. Court of Appeals for the Seventh Circuit held that the one-year time limit for filing a motion under 28 U.S.C. § …
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