On Point: 22. Habeas corpus

Cesar Flores-Ramirez v. Brian Foster, 7th Circuit Court of Appeals Case No. 15-1594, 1/22/16 (per curiam)

Flores-Ramirez is not entitled to a certificate of appealability in his challenge to the denial of his second federal habeas petition because two of his claims should have been brought in his first petition and the third claim doesn’t provide a basis for habeas relief.

“DIGs” as in “dismisse[s] as improvidently granted,” that is, leaving the Seventh Circuit’s grant of habeas relief intact.

Questions presented:

I. Whether the District Court was in error when it denied relief on Petitioner’s §2255 motion to vacate, which alleged that a prior Florida conviction for “sudden snatching,” did not qualify for ACCA enhancement pursuant to 18 U.S.C. §924(e).

II. Whether Johnson v. United States, 135 S. Ct. 2551 (2015), announced a new substantive rule of constitutional law that applies retroactively to cases that are on collateral review. Furthermore, Petitioner asks this Court to resolve the Circuit split which has developed on the question of Johnson retroactivity in the Seventh and the Eleventh Circuit Courts of Appeals.

Bernard McKinley v. Kim Butler, 7th Circuit Court of Appeals Case No. 14-1944, 1/4/16

McKinley failed to raise an Eighth Amendment claim in his state court challenges to the sentence he received for a murder he committed at the age of 16. That means he procedurally defaulted the claim for purposes of his federal habeas challenge to the sentence. But instead of affirming the district court’s dismissal of McKinley’s habeas petition, a majority of this Seventh Circuit panel stays the habeas proceeding and, based on reasoning that could be useful to other juveniles seeking to challenge long sentences, gives McKinley a chance to go back to state court to challenge his sentence under Miller v. Alabama, 132 S. Ct. 2455 (2012).

Gregory Jean-Paul v. Timonty Douma, 7th Circuit Court of Appeals No. 14-3088, 12/31/15

The Wisconsin Court of Appeals reasonably concluded that Jean-Paul validly waived his right to appellate counsel based on the waiver form he signed and his correspondence with his appellate lawyer.

White v. Wheeler, USSC No. 14-1372, 2015 WL 8546240, 12/14/15 (per curiam), reversing Wheeler v. Simpson, 779 F.3d 366 (6th Cir. 2015); docket

The Sixth Circuit Court of Appeals failed to give proper deference to the state courts’ rulings when it granted habeas relief on the ground that the state courts unreasonably applied Supreme Court precedent regarding removal of a juror in a death penalty case.

Chester O’Quinn v. Tom Spiller, 7th Circuit Court of Appeals Case No. 14-1836, 11/25/15

The state appellate court reasonably applied Barker v. Wingo, 407 U.S. 514 (1972), the controlling Supreme Court precedent for Sixth Amendment speedy‐trial claims, when it rejected O’Quinn’s claim that the 42-month delay in holding his trial violated his constitutional right to a speedy trial.

State v. Larry D. Wright, 2014AP2672, District 1, 11/24/15 (not recommended for publication); case activity (including State’s brief)

The court of appeals rebuffs Wright’s claim that postconviction counsel was ineffective for not raising a claim of ineffective assistance of trial counsel on direct appeal. The court also rejects Wright’s claim that the trial court engaged in improper ex parte communication with the jury during deliberations.

Vernard Crockett v. Kim Butler, 7th Circuit Court of Appeals Case No. 14-2320, 11/17/15

Crockett procedurally defaulted his insufficient evidence and confrontation clause claims by failing to preserve the claims at various stages of his direct appeals in state court.

Paysun Long v. Kim Butler, 7th Circuit Court of Appeals Case No. 13-3327, 10/27/15

Long is entitled to habeas relief because the prosecutor in his state murder trial failed to correct perjured testimony given by a state’s witness.