On Point: 4. Procedure

Bobby v. Archie Dixon, USSC No. 10-1540, 11/7/11 (per curiam), reversing Dixon v. Houk, 627 F.3d 553 (6th Cir 2010)

Under the Antiterrorism and Effective Death Penalty Act, a state prisoner seeking a writ of habeas corpus from a federal court “must show that the state court’s ruling on the claim being presented in federal court was so lacking in justification that there was an error well understood and comprehended in existing law beyond any possibility for fairminded disagreement.” Harrington v.

Matthew Steffes v. Thurmer, 7th Cir No. 09-3317, 11/4/11

seventh circuit decision, denying habeas relief on review of 2006AP1633-CR

The “concurrent sentence doctrine” – which “allows appellate courts to decline to review a conviction carrying a concurrent sentence when one ‘concurrent’ conviction has been found valid,” Cheeks v. Gaetz, 571 F.3d 680, 684-85 (7th Cir.2009) – doesn’t apply here in view of a separate assessment and the potential to affect parolability:

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Docket

Decision below: Wood v. Milyard, 10th Cir, 11/26/10

Questions Presented (by the Court):

1) Does an appellate court have the authority to raise sua sponte a 28 U.S.C. §2244(d) statute of limitations defense?

2) Does the State’s declaration before the district court that it “will not challenge, but [is] not conceding, the timeliness of Wood’s habeas petition,” amount to a deliberate waiver of any statute of limitations defense the State may have had?

seventh circuit court of appeals decision

Habeas – Ineffective Assistance, State Court Failure to Reach – Standard of Review 

… When “no state court has squarely addressed the merits” of a habeas claim, however, we review the claim under the pre-AEDPA standard of 28 U.S.C. § 2243, under which we “ ‘dispose of the matter as law and justice require.’ ” Id. at 326 (quoting § 2243). This is “a more generous standard,” George v.

seventh circuit court of appeals decision

Habeas – Counsel – Appeal 

When a defendant in a criminal case specifically instructs a lawyer to file a notice of appeal, the lawyer’s failure to do so deprives the defendant of the Sixth Amendment right to counsel, regardless of whether an appeal was likely to succeed. Roe v. Flores-Ortega, 528 U.S. 470, 477 (2000); Peguero v. United States,

seventh circuit court of appeals decision, denying habeas relief on review of Wis. COA No. 2008AP1533-CR; prior history: 2001AP713-CR, 1995AP1856-CR

Habeas – Exculpatory Evidence – Available to Defendant

Jardine argues that the State suppressed exculpatory evidence, namely that post-conviction testing of the gun he admittedly possessed but denied using to club the victim didn’t reveal the presence of the victim’s DNA.

seventh circuit court of appeals decision; cert granted, 4/30/12

Padilla v. Kentucky: Retroactivity – Habeas Review 

The holding of Padilla v. Kentucky, 130 S. Ct. 1473, 1486 (2010), that as in incident of effective representation, “counsel must inform her client whether his plea carries a risk of deportation,” is a “new rule”

seventh circuit court of appeals decision

Habeas – Certificate of Appealability

 Under § 2253(c)(2) of Title 28, “[a] certificate of appealability may issue . . . only if the applicant has made a substantial showing of the denial of a constitutional right.” The Supreme Court has observed that an applicant has made a “substantial showing” where “reasonable jurists could debate whether (or, for that matter, agree that) the petition should have been resolved in a different manner or that the issues presented were ‘adequate to deserve encouragement to proceed further.’” Slack v.

seventh circuit court of appeals decision

Habeas – Successive Petition – Rule 60(b) Motion

A Rule 60 motion for relief from (habeas) judgment amounts to an impermissible successive petition – which the district court lacks jurisdiction to entertain – if it raises arguments forbidden by 28 U.S.C. § 2244(b)(1) or (2), Gonzales v. Crosby, 545 U.S. 524 (2005). Although the district court held that Freeman had waived the issue (right to conflict-free counsel) before raising it in his Rule 60 motion,

Docket

Decision below: 623 F. 3d 222 (5th Cir. 2010)

Questions Presented (from SCOTUS docket page):

1. WAS THERE JURISDICTION TO ISSUE A CERTIFICATE OF APPEALABILITY UNDER 28 U.S.C. §2253(C) AND TO ADJUDICATE PETITIONER’S APPEAL?

2. WAS THE APPLICATION FOR A WRIT OF HABEAS CORPUS OUT OF TIME UNDER 28 U.S.C. §2244(D)(1) DUE TO “THE DATE ON WHICH THE JUDGMENT BECAME FINAL BY THE CONCLUSION OF DIRECT REVIEW OR THE EXPIRATION OF THE TIME FOR SEEKING SUCH REVIEW”?