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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 …
Article • February 15, 2023 • from CLN March, 2023
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 …
Article • December 15, 2022 • from CLN January, 2023
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 …
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. § …
Article • September 15, 2022 • from CLN October, 2022
Fifth Circuit: New, Retroactive Supreme Court Decision Allowing SOS Habeas Petition Not New Enough to Avoid Procedural-Default Bar by Dale Chappell by Dale Chappell In a decision that further narrows the federal habeas corpus remedy, a divided panel of the U.S. Court of Appeals for the Fifth Circuit held that …
Article • August 15, 2022 • from CLN September, 2022
Federal Habeas Corpus: Taking an Appeal After the Denial of Habeas Relief by Dale Chappell by Dale Chappell Federal law says that you have the “right” to appeal the denial of federal habeas corpus relief, but there’s a catch—only if the court says that you can. Congress limited the ability …
Article • August 15, 2022 • from CLN September, 2022
SCOTUS Holds AEDPA’s Restrictions on Habeas Relief Trump Federal Courts’ Authority Under All Writs Act by Dale Chappell by Dale Chappell The Supreme Court of the United States (“SCOTUS” or “Court”) held that a federal court’s  transportation order permitting a prisoner to seek out new evidence pursuant to the All …
SCOTUS: No Procedural-Default Exceptions to Excuse Federal Habeas Evidentiary Hearing Bar by Dale Chappell by Dale Chappell In yet another case further limiting the federal habeas corpus remedy, the Supreme Court of the United States (“SCOTUS”) held on May 23, 2022, that post-conviction counsel’s failure to develop a meritorious claim …
Article • May 15, 2022 • from CLN June, 2022
SCOTUS Adds Extra Obstacle to Federal Habeas Relief for State Prisoners, Ruling Both Brecht and the AEDPA Must Be Satisfied by Dale Chappell by Dale Chappell Citing the need to respect the finality of state convictions, the Supreme Court of the United States (“SCOTUS”) held on April 21, 2022, that …
Article • February 15, 2022 • from CLN March, 2022
Filed under: AEDPA
Fourth Circuit: State’s Failure to Plead Procedural Default Results in De Novo Review on Merits; Prosecutor’s Comments to Jury to Send ‘Societal Message’ Denied Defendant Fair Trial, Habeas Relief Warranted by Dale Chappell by Dale Chappell THE U.S. COURT OF APPEALS FOR THE Fourth Circuit held that a prosecutor’s comments …
Article • December 15, 2021 • from CLN January, 2022
Filed under: AEDPA
The AEDPA: A Forgotten Catalyst in Mass Incarceration by Dale Chappell by Dale Chappell When we talk about things that fuel mass incarceration, the Antiterrorism and Effective Death Penalty Act (“AEDPA”) is rarely considered as one of the causes for the over-incarceration of U.S. residents. But take a closer look, …
U.S. District Court Grants Compassionate Release Based Entirely on Nearly Three-Decade-Old Sentencing Error, Reduces Life Sentence by Dale Chappell by Dale Chappell Citing a sentencing error from 27 years ago, the U.S. District Court for the District of Massachusetts granted compassionate release to a man serving a life sentence for …
Article • June 15, 2021 • from CLN July, 2021
Eleventh Circuit: Timely Filed Amended Fla. R. Crim. P. 3.850 Motion Tolls AEDPA Clock, Rejects State’s Proposed 30-Day Limitations Period by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Eleventh Circuit rejected the state of Florida’s push for a 30-day time limit for amended state postconviction …
Article • June 15, 2021 • from CLN July, 2021
Direct Collateral Review Creates Path Around AEDPA Hurdles for State Prisoners Seeking Postconviction Relief by Dale Chappell 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 …
Article • June 15, 2021 • from CLN July, 2021
Filed under: Habeas Corpus, AEDPA
SCOTUS Reaffirms Habeas Court Must Consider Entire Record Before ‘Disturbing’ a State Criminal Judgment by Dale Chappell by Dale Chappell In a case without oral argument, the Supreme Court of the United States (“SCOTUS”) summarily reversed the grant of a new trial to a state prisoner on March 29, 2021, …
Article • May 15, 2021 • from CLN June, 2021
Filed under: Habeas Corpus, AEDPA
Fourth Circuit Finally Holds Davis Retroactive by Dale Chappell by Dale Chappell In a case that numerous federal habeas petitioners have been awaiting, the U.S. Court of Appeals for the Fourth Circuit held on February 23, 2021, that the decision in United States v. Davis, 139 S. Ct. 2319 (2019), …
SCOTUS Vacates Grant of Habeas Relief, Citing Habeas ‘Deference’ to State Court Decisions by Dale Chappell by Dale Chappell In a decision highlighting the deference to state court decisions under the Antiterrorism and Effective Death Penalty Act (“AEDPA”), the Supreme Court of the United States held on December 14, 2020, …
Article • September 15, 2020 • from CLN October, 2020
California Supreme Court Announces New Time Limit for Habeas ‘Appeal’ Stages, Clarifying Tolling for Federal Habeas Petitioners by Dale Chappell by Dale Chappell The Supreme Court of California, on July 20, 2020, established a new time limit for filing subsequent habeas corpus petitions in state courts that clarifies when a …
Article • August 15, 2020 • from CLN September, 2020
Sixth Circuit: Prosecutor’s Improper Comments and Counsel’s Failure to Object Require New Trial by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Sixth Circuit held on May 15, 2020, that a prosecutor’s improper comments to the jury during a murder trial, and counsel’s failure to object …
Article • August 15, 2020 • from CLN September, 2020
Filed under: Habeas Corpus, AEDPA, Shackles
Sixth Circuit Grants Habeas Relief for Defendant Shackled During Murder Trial Without On-the-Record Justification by David Reutter by David M. Reutter The U.S. Court of Appeals for the Sixth Circuit granted conditional habeas corpus relief to a Michigan prisoner who alleged that the use of shackles upon him during trial …
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