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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 …
Maine Supreme Court: Defense Counsel Ineffective for Opening Door to Otherwise Inadmissible Evidence of Bad Character
Article • April 15, 2024 • from CLN April, 2024
Filed under: Parental rights, Counsel - Effective Assistance of, Strickland Standard, Failure to Preserve Challenge, Failure to Consult/Investigate/Raise, Battered Child/Spouse Evidence, Character/Reputation/Propensity, Bad Acts Evidence
Maine Supreme Court: Defense Counsel Ineffective for Opening Door to Otherwise Inadmissible Evidence of Bad Character by Matthew Clarke by Matt Clarke The Supreme Judicial Court of Maine reversed a defendant’s domestic violence conviction after finding her attorney was ineffective for opening the door to prejudicial evidence about her parenting …
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 …
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 …
Jesse Johnson: 194th Person Exonerated While on Death Row
Article • January 15, 2024 • from CLN January, 2024
Filed under: Wrongful Conviction, Racial Profiling, Failure to Consult/Investigate/Raise
Jesse Johnson: 194th Person Exonerated While on Death Row by Jordan Arizmendi by Jordan Arizmendi Twenty-five years after Jesse Johnson, 62, was wrongfully convicted and sentenced to death, in September, he became the 194th person to be exonerated while on Death Row. In 1998, Harriet Thompson was stabbed to death …
Michigan Supreme Court: IAC Where Defense Counsel Failed to Request Instruction on Defense-of-Others for Nonassaultive Offense of Home Invasion, Orders New Trial
Article • May 15, 2022 • from CLN June, 2022
Filed under: Failure to Consult/Investigate/Raise
Michigan Supreme Court: IAC Where Defense Counsel Failed to Request Instruction on Defense-of-Others for Nonassaultive Offense of Home Invasion, Orders New Trial by David Reutter by David M. Reutter The Supreme Court of Michigan held that defense counsel was ineffective for failing to request a defense-of-others jury instruction for defendants …