On Point blog, page 1 of 1
Federal court denies habeas relief for “sane but dangerous” NGI-acquittee; offers novel interpretation of Randall I
Graham L. Stowe v. Gregory Van Rybroek, 18-CV-400-wmc (W.D. Wis. 11/6/23).
Having recently prevailed on a judicial bias claim in state court, Stowe makes a return appearance to the blog on his 2018 federal habeas petition. Unfortunately, the Western District of Wisconsin denied the petition, which had been pending for close 5 years. The petition sought relief from the Wisconsin courts’ denial of his 2016 petition for conditional release under Wis. Stat. § 971.17(4)(d). In a novel reading of a nearly three-decades old Wisconsin Supreme Court decision, State v. Randall, 192 Wis. 2d 800, 532 N.W.2d 94 (1995) (“Randall I”), the federal court concludes that “one can reasonably read Randall I to require a showing of both mental illness and dangerousness.”
Eastern District grants writ of habeas corpus, holds that SCOW unreasonably applied SCOTUS precedents in missing transcripts case
Robert James Pope , Jr. v. Warden Paul Kemper, 21-CV-0346 (E.D. Wis. 9/1/23).
In a satisfying–and long-delayed–defense win, Judge Ludwig of the Eastern District acknowledges that when a prisoner, previously abandoned by counsel, is then forced to appeal his conviction without having transcripts made available to him, that procedure violates “clearly established” US Constitutional law.
SCOTUS may restrict federal habeas “safety valve”
Jones v. Hendrix, USSC No. 21-857; cert. granted 5/16/22; Scotusblog page (containing links to briefs and commentary)
Question presented:
The question presented is whether federal inmates who did not—because established circuit precedent stood firmly against them—challenge their convictions on the ground that the statute of conviction did not criminalize their activity may apply for habeas relief under § 2241 after this Court later makes clear in a retroactively applicable decision that the circuit precedent was wrong and that they are legally innocent of the crime of conviction
Who killed habeas corpus?
Judge Lynn Adelman, Eastern District of Wisconsin, wrote an article by that name. SSRN recently posted it online. An excerpt from the abstract is pasted in below. Don’t hold back. The article is short, and you won’t regret reading the whole thing . . . unless perhaps you’re Newt Gingrich, Bill Clinton, or a state appellate judge. 🙂