40 results for 'cat:"Criminal Procedure" AND cat:"Habeas"'.
J. Cradle finds the trial court did not violate the inmate's due process rights when it denied his motion for a continuance during his habeas trial. Although a crucial witness failed to appear, the inmate was able to present numerous exhibits and call other witnesses throughout the three day trial. Additionally, the absent witness had been served with multiple subpoenas and the trial court issued a capias in an attempt to force his appearance, and so there was no legitimate reason for a further delay. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Cradle, Filed On: May 3, 2024, Case #: AC46237, Categories: criminal Procedure, habeas, Due Process
J. Panella finds that the lower court improperly granted defendant’s petition for writ of habeas corpus in this case over her assault of a Pennsylvania police officer who detained her because she assaulted him when he opened the door to her home. The police officer’s testimony showed there was probable cause to believe defendant had attempted injure the officer in the performance of his duty. Reversed.
Court: Pennsylvania Superior Court, Judge: Panella, Filed On: April 26, 2024, Case #: J-S05012-24, Categories: criminal Procedure, habeas, Search
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J. Batchelder finds the lower court properly dismissed the inmate's habeas petition as untimely. Although his "new evidence," including a report on coerced confessions and an eyewitness recantation, impeaches the state's evidence against him, it does not prove he is actually innocent of the murder for which he was convicted and cannot be used to circumvent the one-year statute of limitations. Although the evidence could be enough to make a member of a hypothetical jury find the inmate not guilty, that is not the standard that governs habeas petitions, and because the witness who recanted his statement has already changed his story at least three times, the most recent version is unreliable and insufficient to prove actual innocence. Affirmed.
Court: 6th Circuit, Judge: Batchelder, Filed On: April 16, 2024, Case #: 21-2968, Categories: criminal Procedure, habeas, Murder
J. Gonzalez finds that the lower court properly granted the petitioner's habeas corpus petition alleging that he was not given a timely hearing after his arrest for violating parole. The Less is More Act plainly requires a speedy adjudication of alleged parole violations within 24 hours, but defendant was held for five days after the execution of the warrant. Affirmed.
Court: New York Appellate Divisions, Judge: Gonzalez, Filed On: March 26, 2024, Case #: 01685, Categories: criminal Procedure, habeas, Parole
J. Aarons finds that defendant's appeal from the denial of his habeas request should be dismissed as moot. Defendant had absconded in 2015 and remained at large until he was charged with attempted murder in Illinois in 2017, for which he served a six-year sentence before being extradited to New York. Defendant objected to being held without bail pending a parole revocation hearing, but the issue was rendered moot when a revocation hearing occurred and he was returned to prison until 2030. Defendant's valid complaint that he had not been allowed to cross-examine a parole officer was not sufficiently novel to trigger an exception to the mootness doctrine.
Court: New York Appellate Divisions, Judge: Aarons, Filed On: February 29, 2024, Case #: 535304, Categories: criminal Procedure, habeas, Parole
J. Bright finds the lower court erroneously denied the petitioner's request to reopen his habeas case without resolving factual disputes or making credibility determinations. Although the motion was filed after the relevant procedural deadline, the ineffective assistance claims raised by the petitioner are of such critical importance the deadline is irrelevant. The petitioner claimed his attorney lied about efforts to contact him after he was deported to Jamaica, and because the lower court made no determination regarding the facts of the case, this court declines to do so and remands the case for proper analysis. Reversed.
Court: Connecticut Court Of Appeals, Judge: Bright, Filed On: February 15, 2024, Case #: AC45984, Categories: criminal Procedure, habeas, Ineffective Assistance
J. Mullins finds the lower court properly upheld the dismissal of the inmate's second habeas petition as untimely because the phrase "prior petition" in the statutory language refers only to habeas petitions filed in state court and, therefore, the inmate could not use the judgment in his federal habeas petition to extend his filing deadline. Meanwhile, the inmate's alleged lack of knowledge of the 2-year deadline imposed by the statutory language was insufficient to establish good cause for the filing delay, and his petition was, therefore, untimely. Affirmed.
Court: Connecticut Supreme Court, Judge: Mullins, Filed On: January 22, 2024, Case #: SC20576, Categories: criminal Procedure, habeas
Per curiam, the appeals court finds defendant's habeas corpus petition connected to his 1991 felony conviction must be denied. Furthermore, it is declared that defendant has 45 days to show good cause why he should not be barred from making any more pro se filings related to his conviction, judgment and sentence, as since 1991 he has abused the judicial process by bringing no less than 25 post-conviction appeals, many of which have reiterated claims that have been previously denied as meritless or are procedurally barred.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: January 10, 2024, Case #: 23-2211, Categories: criminal Procedure, habeas
J. Ecker finds the lower court erroneously dismissed the inmate's petition for a writ of habeas corpus as untimely. Although it was filed more than five years after the certification of his conviction, there is no evidence in the record the inmate's attorney advised him of any filing deadline or the need to refile the petition after his initial filing was voluntarily dismissed. Therefore, the case will be remanded to allow for proper analysis of the petition. Reversed.
Court: Connecticut Supreme Court, Judge: Ecker, Filed On: December 7, 2023, Case #: SC20558, Categories: criminal Procedure, habeas
J. Overstreet finds that the lower court improperly dismissed defendant's postconviction petition as untimely. Under the circumstances of this case, defendant cannot be held responsible for the untimely filing because her understanding of the statutory deadline was a reasonable interpretation of the law, which was not yet clarified by this court. Therefore, she shall be granted an opportunity to argue that her counsel did not fully investigate the domestic abuse she suffered at the hands of her boyfriend before advising her to plead guilty as an accomplice to murder. Reversed.
Court: Illinois Supreme Court, Judge: Overstreet, Filed On: October 19, 2023, Case #: 128398, Categories: criminal Procedure, habeas, Murder
Per curiam, the court of criminal appeals grants this petition for a writ of habeas corpus, in which the petitioner seeks the reinstatement of his $50,000 bail. The pre-trial detention hearing was reopened without the state moving for its reopening.
Court: Alabama Court of Criminal Appeals, Judge: Per curiam, Filed On: September 22, 2023, Case #: CR-2023-0325, Categories: criminal Procedure, habeas, Bail
J. Nalbandian finds that although the bitemark evidence cited by the death row inmate in his second habeas petition was not available until nearly three decades after his trial, his due process claim was ripe when the prosecution introduced its bitemark evidence at trial in 1986. Therefore, the habeas claim is a successive claim that must meet the proper gatekeeping requirements. The case will be remanded to the original panel for further proceedings.
Court: 6th Circuit, Judge: Nalbandian, Filed On: August 25, 2023, Case #: 20-3863, Categories: criminal Procedure, Death Penalty, habeas
J. Cradle finds the trial court improperly dismissed the first count of the inmate's habeas petition without notice. The Connecticut Supreme Court's decisions in Brown v. Commissioner of Correction and Boria v. Commissioner of Correction require a habeas court to allow a petition to file a brief in support of a claim before it can be dismissed. Reversed in part.
Court: Connecticut Court Of Appeals, Judge: Cradle, Filed On: August 11, 2023, Case #: AC44188, Categories: criminal Procedure, habeas
J. Clay finds the lower court erroneously dismissed the inmate's habeas petition as untimely filed because the statute of limitations for his petition was tolled when he filed a state court request for DNA testing related to his sexual assault conviction. Although that request was unsuccessful, it was still properly filed and constituted a "post-conviction or other collateral proceeding" under Antiterrorism and Effective Death Penalty Act, which tolled the statute of limitations. Reversed in part.
Court: 6th Circuit, Judge: Clay, Filed On: August 8, 2023, Case #: 21-2845, Categories: criminal Procedure, Dna, habeas
J. Nalbandian finds that the lower court was not required to consider alternatives to dismissal when the inmate sought to reinstate his habeas petition - based on both exhausted and unexhausted claims - because not only did he fail to request alternatives, but the court is also not required to inform a pro se litigant about the abeyance procedures outlined in the Supreme Court's decision in Pliler v. Ford. Affirmed.
Court: 6th Circuit, Judge: Nalbandian, Filed On: August 4, 2023, Case #: 21-1042, Categories: criminal Procedure, habeas, Murder