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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 …
Article • July 1, 2025 • from CLN July, 2025
Fourth Circuit Announces Counterman v. Colorado Is New Rule of Constitutional Law That Applies Retroactively to Cases on Collateral Review and Grants Authorization to File Successive § 2255 Motion by Douglas Ankney The United States Court of Appeals for the Fourth Circuit granted Scott Lewis Rendelman’s motion for authorization to …
Article • June 1, 2025 • from CLN June, 2025
Arguing Successful Federal Habeas Corpus Claims by Dale Chappell This column is a follow-up to my original column published in the March 2021 issue of Criminal Legal News titled “Raising Successful Federal Habeas Corpus Claims.” In that first piece, I explained how to identify valid claims for federal habeas relief, …
Article • April 15, 2025 • from CLN May, 2025
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 …
Third Circuit Grants Habeas Relief to Prisoner on Confrontation Clause and Ineffective Assistance Claims Based on Trial Court Reading Entire Criminal Information Into the Record of Co-Conspirator Who Pleaded Guilty by Sam Rutherford by Sam Rutherford The U.S. Court of Appeals for the Third Circuit affirmed the U.S. District Court …
Texas Court of Criminal Appeals Grants Habeas Relief in ‘Shaken Baby Syndrome’ Case by Sam Rutherford by Sam Rutherford The Criminal Court of Appeals of Texas, the state’s highest court in criminal cases, granted a prisoner’s habeas corpus petition based on advances in science that undermined the validity of evidence …
Georgia Supreme Court Grants Habeas Relief Where Both Trial and Appellate Counsel Provided Ineffective Assistance by Failing to Challenge Indictment for Residential Burglary That Failed to Allege Defendant Illegally Entered a ‘Dwelling’ by Anthony Accurso by Anthony W. Accurso The Supreme Court of Georgia unanimously granted a defendant’s habeas petition …
Article • December 15, 2024 • from CLN January, 2025
Ninth Circuit Holds District Courts Have No Authority Under Rule 4 of Rules Governing § 2254 Cases to Dismiss Habeas Petition on the Merits by Sam Rutherford by Sam Rutherford The U.S. Court of Appeals for the Ninth Circuit delineated the scope of U.S. District Courts’ authority to summarily dismiss …
Article • December 1, 2024 • from CLN December, 2024
Ninth Circuit Grants Habeas Relief to California Prisoner on Napue Claim Because Prosecution Failed to Correct Informant’s False Testimony That He Did Not Receive Any Benefit In Exchange for His Testimony by Sam Rutherford by Sam Rutherford The U.S. Court of Appeals for the Ninth Circuit reversed the U.S. District …
Article • November 1, 2024 • from CLN November, 2024
Ninth Circuit Denies Habeas Relief to Prisoner Who Invoked Fifth Amendment Right to Counsel During Custodial Interrogation but Made Incriminating Statements to Undercover Informant Posing as Fellow Prisoner Because Right to Counsel Not Violated by Sam Rutherford by Sam Rutherford The U.S. Court of Appeals for the Ninth Circuit affirmed …
Georgia Supreme Court Grants Habeas Where Defense Counsel Failed to Understand State Self-Defense Statute Provides Complete Defense to Felony Murder Based on Felon-in-Possession Charge by Anthony Accurso by Anthony W. Accurso The Supreme Court of Georgia ruled that defense counsel was ineffective for failing to argue that self-defense is a …
Third Circuit Orders Evidentiary Hearing on State Prisoner’s Petition Seeking Federal Habeas Relief Because Both State and Federal Courts Denied Relief Without Holding Hearing on IAC Claim That, if Proven, Would Entitle Him to Relief by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Third Circuit …
Article • July 15, 2024 • from CLN July, 2024
California Court of Appeal Announces Rulings on Three Issues of First Impression Involving Certificate of Appealability and Habeas Petition by Douglas Ankney by Douglas Ankney In a case involving three issues of first impression, the Court of Appeal of California, First Appellate District, ruled that Penal Code Section 1509(1)(c)’s 10- …
Article • July 15, 2024 • from CLN July, 2024
Filed under: Habeas Corpus
Ohio Supreme Court Announces Same Postconviction-Relief Filing Deadline Applies to ‘Delayed Appeal’ as Applies to Any Other Type of Direct Appeal by Douglas Ankney by Douglas Ankney   The Supreme Court of Ohio held that the 365-day deadline set forth in R.C. 2953.21(A)(2)(a) for filing a postconviction motion begins from …
Federal Habeas Corpus: Getting Around Procedural Default by Dale Chappell by Dale Chappell The term “procedural default” is a significant barrier in federal habeas corpus petitions. It means that if a claim could have been raised on direct appeal or at any earlier stage but was not, a federal court …
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 …
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 …
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 …
Oregon Supreme Court Announces ‘Escape Clause’ of Postconviction Relief Statute’s SOL Applies to Severe Mental Impairments During Limitations Period by David Reutter by David M. Reutter The Supreme Court of Oregon held that a petitioner’s mental impairments are relevant to whether the escape clause in the statute of limitations applies …
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 …
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