Entries from Harmfulerror tagged with 'habeas corpus'
Unpublished order of the day
The Nevada Supreme Court issued a large number of unpublished decisions yesterday. A few concern proper person appeals in cases that are decades old. These appeals raise the same two issues, both of which fall flat. Ewing v. State is...
1 last Supreme Court opinion: on IAC in a capital case
Somewhat lost among the four opinions issued yesterday was a per curiam decision in Sears v. Upton (scroll down a few pages). It's a must-read for those handling capital or habeas cases. The Court finds that the lower courts erred in...
US Supreme Court issues opinion on limits of habeas review
In Smith v. Spisak, the US Supreme Court reverses an order of the 6th Circuit granting habeas relief to a death row inmate. The Court finds that a decision by the Ohio Supreme Court was not clearly contrary to the...
US Supreme Court criminal cases preview
Alvarez v. Smith - Whether local law enforcement agencies may seize and retain custody indefinitely of personal property without judicial or administrative review of the lawfulness of the continued detention of the property. Argument scheduled for 10/14/09 Beard v. Kindler. ...
US Supreme Court grants cert in 4 cases
The US Supreme Court granted certiorari in four cases this morning. Scotusblog provides links to the petitions, oppositions, replies, amici briefs and opinions below. Beard v. Kindler - Is a state procedural rule automatically "inadequate" under the adequate-state-grounds doctrine - and...
Ninth Circuit reverses Nevada death sentence
In Sechrest v. Ignacio, the Ninth Circuit Court of Appeals reverses death sentences based upon a 1983 conviction for two murder convictions in Washoe County. The 41 page opinion addresses procedural default issues, law of the case, an alleged Miranda...
This Week
Monday, November 3 US Supreme Court hears argument in Wyeth v. Levine (actions under state law for ineffective drug laws), Ysursa v. Pocatello Education Association (1st Amendment and payroll deductions for political contributions), and Carcieri v. Kemprthorne (tribal trust lands)....
Nevada Supreme Court issues 11 opinions
State v. Harte - The Court, sitting en banc, affirms an order of a district court partially granting a post-conviction petition for a writ of habeas corpus in a death penalty case. The Court rejects the State's argument that McConnell v....
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