On Point: e. Evidentiary hearing

Shinn v. Ramirez, USSC No. 20-1009, 5/23/22, reversing Ramirez v. Ryan, 937 F.3d 1230 (9th Cir. 2019); Scotusblog page (including links to briefs and commentary)

You can read at Scotusblog quite a bit of commentary on this most recent entry in the present Court’s war on habeas. At oral argument, the lawyer for the state told the court that “innocence isn’t enough” to merit relief for one of the death-row inmates in this case to gain relief. And the Court now agrees. The reason: the likely innocent inmate’s state-provided postconviction counsel didn’t make a good enough record that his trial counsel was ineffective.

Shoop v. Twyford, USSC No. 21-511, cert granted 1/14/22; SCOTUSblog page (containing links to briefs and commentary)

Questions  presented:

1.  28 U.S.C. §2241(c) allows federal courts to issue a writ of habeas corpus ordering the transportation of a state prisoner only when necessary to bring the inmate into court to testify or for trial. May federal courts evade this prohibition by using the All Writs Act to order the transportation of state prisoners for reasons not enumerated in §2241(c)?

2.  Before a court grants an order allowing a habeas petitioner to develop new evidence, must it determine whether the evidence could aid the petitioner in proving his entitlement to habeas relief and whether the evidence may permissibly be considered by a habeas court?

Joseph J. Jordan v. Randall R. Hepp, 7th Circuit Court of Appeals No. 14-3613, 2016 WL 4119862, 8/3/16

Jordan claims the Wisconsin courts unreasonably applied clearly established federal law when they held that he was not denied the right to represent himself and that his trial lawyer was not ineffective for failing to object to the prosecutor’s improper vouching for a police witness’s credibility. The Seventh Circuit okays the state courts’ decision on self-representation but orders a hearing on Jordan’s ineffective assistance claim.

Glenn Patrick Bradford v. Richard Brown, 7th Circuit Court of Appeals No. 15-3706, 2016 WL 4136957, 8/4/16

In a state postconviction proceeding Bradford presented new evidence from an arson expert named Carpenter supporting Bradford’s claim that he couldn’t have set the fire that was the basis for his murder and arson conviction. After the state courts denied relief Bradford filed a federal habeas petition, asking for an evidentiary hearing on his claims of actual innocence and ineffective assistance of trial counsel. In a fact-depending ruling, the Seventh Circuit holds he isn’t entitled to a hearing.

Eric Blackmon v. Tarry Williams, 7th Circuit Court of Appeals No. 14-3059, 2016 WL 3007212, 5/24/16

Two eyewitnesses to the murder of Tony Cox were shown a photo array and live line-up, and both independently identified Eric Blackmon—a man they did not know—as one of two gunmen who shot and killed Cox. The judge at Blackmon’s bench trial relied heavily on the two eyewitness identifications. (Slip op. at 3-11). While Blackmon’s trial lawyer put on two alibi witnesses, Blackmon alleges he failed to interview and present six additional alibi witnesses. The Seventh Circuit holds this allegation entitles Blackmon to a hearing to take testimony from the missing alibi witnesses and trial counsel.

Michael Carter v. Stephen Duncan, 7th Circuit Court of Appeals No. 13-2243, 3/30/16

Carter sought habeas relief on the ground his trial lawyer was ineffective for failing to investigate what two defense potential witnesses had to say and failing to present their testimony at his murder trial. The Seventh Circuit holds that although the state court “stumble[d] in some respects” in determining that the failure to present the proffered testimony wasn’t prejudicial, that determination was not unreasonable under AEDPA’s deferential standard of review.

Brumfield v. Cane, USSC No. 13-1433, (June 18, 2015), reversing Brumfield v. Cain, 744 F.3d 918 (5th Cir. 2014); SCOTUSblog page (including links to briefs and commentary); Majority opinion by Sotomayor; dissenting opinion by Thomas (joined in part by Roberts, Scalia and Alito)

Brumfield was convicted of murder and sentenced to death before Atkins v. Virginia, 536 U.S. 304 (2002) prohibited the execution of the intellectually disabled. Afterwards, Brumfield, who has an IQ of 75, sought to prove is intellectual disability in state court, but was denied the time and funding to get an expert as well as an evidentiary hearing. In a 5-4 decision, SCOTUS found this an unreasonable determination of the facts in light of the evidence presented under 28 USC §2254(d)(2) and allowed Brumfield to have his Atkins claim considered on the merits in federal court.

Curtis J. Pidgeon v. Judy P. Smith, Warden, 7th Circuit Court of Appeals No. 14-3158, 5/13/15

In a federal habeas case, the Seventh Circuit has confirmed that the Machner hearing, like New Glarus beer and squeaky cheese curds, is a Wisconsin anomaly. State v. Machner, 92 Wis. 2d 797 (Ct. App. 1979.) Special guest Shelley Fite (SPD alum turned Federal Defender staff attorney) explains what this federal court decision could mean for state court IAC claims.

Questions presented:

I.   Whether a state court that considers the evidence presented at a petitioner’s penalty phase proceeding as determinative of the petitioner’s claim of mental retardation under Atkins v. Virginia, 536 U.S. 304 (2002), has based its decision on an unreasonable determination of facts under 28 U.S.C. § 2254(d)(2).

II.   Whether a state court that denies funding to an indigent petitioner who has no other means of obtaining evidence of his mental retardation has denied petitioner his “opportunity to be heard,”

seventh circuit decision

Habeas Procedure – Appellate Jurisdiction 

Where a party has filed a timely notice of appeal to a judgment, and the district court subsequently enters an amended judgment nunc pro tunc (“now for then”) conforming language in the original judgment, an amended notice of appeal isn’t necessary to confer appellate jurisdiction:

… The district court’s February 3, 2012 judgment thus had retroactive legal effect back to August 26,