Entries from Harmfulerror tagged with 'habeas'
Several US Supreme Court decisions issued this week
Via Scotusblog, the US Supreme Court issued several opinions this week: Wood v. Allen - Interpretation of 28 USC 2254(d)(2) and its requirement that federal habeas relief not be granted, in relevant part, unless the state court's decision was based "on an unreasonable determination...
9th Circuit issues opinion on a pretrial double jeopardy challenges
The Ninth Circuit published a decision this morning in Wilson v. Belleque. The opinion is instructive to state court practitioners who want to make a pretrial challenge involving double jeopardy to the federal courts following denial of a motion to...
US Supreme Court issues 5 opinions
Pearson v. Callahan - qualified immunity for police officers. Unanimous opinion authored by Justice Alito. The Court overrules the procedure for determining whether officers are immune from a civil rights action that was established in Saucier v. Katz. It explains...
Interesting unpublished decisions
The Nevada Supreme Court has issued several unpublished orders resolving appeals in criminal cases. Some are of interest, though they may not be cited as precedent under SCR 123. In Dealba v. State, the Court reverses a judgment of conviction...
Nevada Supreme Court grants new penalty hearing in a capital case
In an unpublished decision of December 31, the Nevada Supreme Court granted a new penalty hearing in the capital case of Jones v. State. The Court found ineffective assistance of trial counsel based upon failure to investigate mitigating evidence and...
US Supreme Court issues opinions in 2 criminal cases
This morning the United States Supreme Court issued opinions in Chambers v. United States and Jimenez v. Quarterman. In Chambers, the Court concludes that a state court offense of failure to report for penal confinement was not a "violent felony"...
US Supreme Court dismisses granted criminal case
Last week the United States Supreme Court heard oral argument in Bell v. Kelly. Today the Court dismissed the case after finding that cert. had been improvidently granted. The case concerned the degree of deference that federal habeas coruts must...
This Week
Monday, November 10 US Supreme Court orders released (no new cert grants were ordered) 10:00 - US Supreme Court oral argument in Chambers v. United States (whether failure to report to prison is a "violent felony" under the Armed Career Criminals...
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