59 results for 'cat:"Habeas" AND cat:"Murder"'.
J. Webb finds the circuit court properly dismissed the inmate's petition for a writ of habeas corpus. The inmate alleges the trial court lacked jurisdiction because no record evidence shows he pleaded guilty to a charge of illegal firearm possession. The inmate was found guilty for first-degree murder and the sentencing order recited he pleaded guilty to the firearm charge, the shorter sentence for which is being served concurrently with that for the murder conviction. The petition is time-barred. Affirmed.
Court: Arkansas Supreme Court, Judge: Webb, Filed On: May 9, 2024, Case #: CV-23-721, Categories: Firearms, habeas, murder
J. Soud finds defendant's habeas corpus petition to be released from his involuntary commitment subsequent to his being found guilty of first-degree homicide for the premeditated murder of his wife must be denied. Ample evidence in the record supports the conclusion that defendant's mental illness continues to make him a manifest danger to himself or others, so his petition will not be granted.
Court: Florida Courts Of Appeal, Judge: Soud, Filed On: May 3, 2024, Case #: 24-0663, Categories: habeas, murder, Commitment
J. Cadish finds the district court properly granted defendant's petition for postconviction relief. Convicted for robbery and weapons charges as well as two counts of murder, defendant's counsel failed to present testimony to impeach his codefendants' testimony. Evidence showed defendant's attorneys received a letter from an inmate saying a codefendant admitted defendant did not kill the victims and the codefendant lied in order to receive a lenient sentence. Another statement from another codefendant characterizing defendant as a violent person was not described in the state's notice of intent to seek the death penalty or its notices of evidence in aggravation. Based on the omissions, counsel should have challenged the introduction of the evidence. Affirmed.
Court: Nevada Supreme Court, Judge: Cadish , Filed On: April 26, 2024, Case #: 83685, Categories: habeas, Ineffective Assistance, murder
J. Baker finds the circuit court improperly dismissed the inmate's request for additional DNA testing following his conviction in the "Memphis 3" murder. The circuit court misinterpreted the plain language of the relevant statute, consistent with other law, that “any person...who has alleged actual innocence” is entitled to petition for a writ of habeas corpus. The court erroneously dismissed the petition on the grounds defendant was not in state custody at the time it was filed. Reversed.
Court: Arkansas Supreme Court, Judge: Baker , Filed On: April 18, 2024, Case #: CR-22-670, Categories: Dna, habeas, murder
J. Kelsey grants the defendant's habeas petition and order his early release. A law passed in Virginia's legislature amended the earned-sentence credit program. Under the new early-release program, prisoners with qualifying convictions are eligible to receive credits at a higher rate of up to 15 days of credit for every 30 days served. The amendment specifically excludes those with murder convictions but not attempted murder convictions.
Court: Virginia Supreme Court, Judge: Kelsey , Filed On: April 18, 2024, Case #: 230514, Categories: habeas, murder, Sentencing
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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. Montgomery finds the lower court properly dismissed a defendant’s petition for a writ of habeas corpus. Defendant was convicted of first-degree murder during the perpetration of a robbery and facilitation of especially aggravated robbery, and received an effective life sentence. The habeas corpus court dismissed the matter because defendant’s petition failed to state a claim upon which relief could be granted. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Montgomery, Filed On: April 11, 2024, Case #: W2023-01330-CCA-R3-HC, Categories: habeas, murder, Robbery
J. Cabret finds the superior court committed no error in denying defendant's habeas corpus petition he filed after he was convicted of rape, murder and other charges and sentenced to life in prison. There is nothing in the record to suggest that defendant's Sixth Amendment right to a speedy trial was violated, in part because although the superior court incorrectly found that six of the 11 delays that caused a 27-month gap between defendant's arrest and trial were the fault of defendant, the delays caused by the prosecution were largely out of its control or due to negligence that does not support defendant's claims. Affirmed.
Court: Virgin Islands Supreme Court, Judge: Cabret, Filed On: April 3, 2024, Case #: 2024 VI 16, Categories: habeas, murder, Speedy Trial
Per curiam, the court of criminal appeals reforms a citizen’s murder sentence from death to life after; the trial court properly concluded the citizen has an intellectual disability. The citizen alleges racial bias tainted his conviction and death sentence, the jury engaged in prejudicial misconduct, and he was improperly interrogated for constitutional rights violations. These allegations are dismissed as an abuse of writ, because the citizen fails to satisfy the requirements.
Court: Texas Court of Criminal Appeals, Judge: Per curiam, Filed On: March 27, 2024, Case #: WR-75105-02, Categories: habeas, murder
[Modified.] J. Streeter makes two minor wording changes with no change in judgment. One of nine claims defendant made in his kidnapping, robbery and murder case, which led to a death sentence, is entitled to a certificate of appealability. Reasonable jurists could find that the trial court improperly excused a juror who said she was "neutral" on the death penalty and said she did not want to make a life-or-death decision, but did not say she could not impose the death penalty. Also, the statutory 10-day deadline for granting or denying requests for certificates of appealability is directory, not mandatory. A substantial claim to relief is strong enough for a certificate to issue if jurists could debate whether the trial court erred. And a request must come with a record that is adequate for appellate review.
Court: California Courts Of Appeal, Judge: Streeter, Filed On: March 27, 2024, Case #: A169146, Categories: Death Penalty, habeas, murder
J. Collins finds that the district court properly denied defendant's habeas corpus petition challenging his state court convictions for attempted murder, battery and burglary arising from his stabbing attack on multiple employees at the Clark County Social Services office in Henderson, Nevada. Defendant contended that his trial counsel was ineffective in failing to pursue a defense of voluntary intoxication with respect to the charges that required the state to prove specific intent. Defendant did not present sufficient evidence for the ineffective assistance claims. Affirmed.
Court: 9th Circuit, Judge: Collins, Filed On: March 19, 2024, Case #: 21-15806, Categories: habeas, Ineffective Assistance, murder
J. Lynch finds that the district court properly denied defendant habeas relief from his murder conviction after an eyewitness recanted testimony and two new alibi witnesses came forward. Details of the 30-year-old case are "troubling" and the conviction was "weakly supported," but deference should be given to state's denial of post-conviction vacatur and the inmate's claim of actual innocence was insufficient. Affirmed.
Court: 2nd Circuit, Judge: Lynch, Filed On: March 12, 2024, Case #: 21-2582-pr, Categories: habeas, murder, Witnesses
J. Streeter issues a certificate of appealability on one of nine claims defendant made in his kidnapping, robbery and murder case, which led to a death sentence. Reasonable jurists could find that the trial court improperly excused a juror who said she was "neutral" on the death penalty and said she did not want to make a life-or-death decsion, but did not say she could not impose the death penalty. Also, the statutory 10-day deadline for granting or denying requests for certficates of appealability is directory, not mandatory. A substantial claim to relief is strong enough for a certificate to issue if jurists could debate whether the trial court erred. And a request must come with a record that is adequate for appellate review.
Court: California Courts Of Appeal, Judge: Streeter, Filed On: March 11, 2024, Case #: A169146, Categories: Death Penalty, habeas, murder
J. Grant finds that the district court improperly granted defendant habeas relief from his murder conviction based on a determination that the trial court incorrectly refused to suppress incriminating statements defendant made to a fellow suspect when police put the two men in an interrogation room together even after defendant had invoked his right to counsel. A reasonable jurist could conclude that the officer's decision to put defendant in the interrogation room with the other suspect was not a violation of defendant's Miranda rights. The officer's move was a "strategic use of a neutral situation," not a "coercive psychological ploy." Reversed.
Court: 11th Circuit, Judge: Grant, Filed On: February 15, 2024, Case #: 22-11744, Categories: habeas, Miranda, murder
J. Agee finds the lower court properly denied the inmate's petition for a writ of habeas corpus. The inmate is a famous music manager serving multiple life sentences for his role in drug trafficking and murder. Then-President Trump told the inmate's supporter, former Cleveland Browns running back Jim Brown, that he would commute the inmate's sentence, but Trump never actually signed a warrant of commutation. While it is not required that Trump file paperwork to make a commutation valid, his forward-looking statements - as alleged by Mr. Brown - indicate that he was not proclaiming the inmate pardoned over the phone. Affirmed.
Court: 4th Circuit, Judge: Agee, Filed On: February 14, 2024, Case #: 22-7188, Categories: Drug Offender, habeas, murder
J. Bumatay finds that the district court properly denied a habeas corpus petition challenging defendant's Nevada conviction and death sentence for robbery, burglary, and the first-degree murder of his former girlfriend's father. Defendant claimed that the Antiterrorism and Effective Death Penalty Act’s (AEDPA) deferential standard applies to his right-to-present-a-complete-defense claim. Defendant waived this issue by not presenting it to the district court. Affirmed.
Court: 9th Circuit, Judge: Bumatay , Filed On: February 9, 2024, Case #: 16-99000, Categories: Death Penalty, habeas, murder
J. Rothschild finds that defendant is not entitled to appeal the denial of his habeas petition for guilt phase relief under the Death Penalty Reform and Savings Act. He was granted habeas relief on his ineffective assistance claim and his death sentence was reduced to life without parole, so relief under the Act is no longer available to him. Affirmed.
Court: California Courts Of Appeal, Judge: Rothschild, Filed On: January 29, 2024, Case #: B325525, Categories: Death Penalty, habeas, murder
J. Duncan finds the district court properly denied defendant's habeas petition in which he sought relief from a state murder conviction wherein he received the death penalty. Defendant's claims of ineffective assistance as to trial counsel's actions involving jury selection and pretrial discovery were not properly briefed before the state appeals court. He has not shown the court would have ruled in his favor even with proper briefing. Affirmed.
Court: 5th Circuit, Judge: Duncan , Filed On: January 16, 2024, Case #: 19-70008, Categories: habeas, Ineffective Assistance, murder
Per curiam, the circuit finds the district court properly denied defendant's petition for habeas corpus. Defendant, an American citizen, was convicted in Mexico for aggravated homicide, where he served some of his sentence before being transferred to the U.S. Though he says he was incorrectly disallowed certain time credits, the Mexican charge is dissimilar to the U.S. charge of first-degree murder and he had not finished serving the Mexican sentence when he was transferred. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: January 12, 2024, Case #: 23-50406, Categories: habeas, murder, International Law
J. Swan finds the superior court properly denied defendant's habeas corpus petition after convicting him of first-degree murder and sentencing him to life imprisonment. Defendant's arguments supporting his petition, including that his counsel was ineffective for failing to object to inconsistent statements from two witnesses at his trial and that newly discovered evidence in the form of a witness statement exonerates him, fail, and the court's denial of his petition stands. Affirmed.
Court: Virgin Islands Supreme Court, Judge: Swan, Filed On: January 10, 2024, Case #: 2024 VI 2, Categories: habeas, Ineffective Assistance, murder
J. Brasher finds that the district court properly denied defendant's petition for habeas relief from his death sentence for murder. Defendant's trial counsel was not deficient for failing to adequately impeach an eyewitness with evidence of his probationary status and probation violation warrants which were pending at the time of the trial. Defendant's counsel was also not ineffective for failing to call a detective to testify that the eyewitness said he could not swear to his identification of defendant during a photo lineup. Defendant's counsel challenged the strength of the eyewitness's identification during cross-examination in other ways. Other ineffective assistance claims raised by defendant are barred by the statute of limitations because they do not relate back to the initial, timely filed habeas petition. Affirmed.
Court: 11th Circuit, Judge: Brasher, Filed On: January 8, 2024, Case #: 22-13616, Categories: habeas, Ineffective Assistance, murder
J. Kern finds that a habeas court improperly granted relief for ineffective assistance of counsel stemming from a jury conviction of first-degree
manslaughter for the death of a sixteen-month-old child. While defense counsel’s opening statement included an "imprecise remark, not attributable to trial strategy," the mistake did not deprive defendant of a fair trial. Reversed.
Court: South Dakota Supreme Court, Judge: Kern , Filed On: December 6, 2023, Case #: 2023SD65, Categories: habeas, Ineffective Assistance, murder
J. Southwick finds the district court properly denied the state defendant a writ of habeas corpus. Charged with murder and a number of other offenses, defendant claims that retrial after a mistrial was declared is barred because a juror poll showed that 10 would acquit on four of five counts. Certain issues must be reviewed before the circuit could answer whether acquittal was effective on those four counts. Affirmed.
Court: 5th Circuit, Judge: Southwick , Filed On: December 4, 2023, Case #: 22-30310, Categories: habeas, Jury, murder
J. Collins finds that the district court properly denied defendant's second federal habeas corpus petition seeking to set aside his Idaho conviction for the 1984 shooting death of his ex-wife. New materials, viewed in light of the evidence as a whole, did not suffice to make a required showing of actual innocence. Affirmed.
Court: 9th Circuit, Judge: Collins, Filed On: December 4, 2023, Case #: 20-35875, Categories: Evidence, habeas, murder
J. Prescott finds the lower court properly dismissed the inmate's petition for a writ of habeas corpus on ineffective assistance claims. Although police began downloading data from his cell phone before a judge signed their search warrant, none of the data was examined prior to the issue of the warrant, while police also had multiple avenues to obtain calls and texts between the inmate and his co-conspirator, all of which would have rendered any motion to suppress futile. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Prescott, Filed On: November 17, 2023, Case #: AC45712, Categories: habeas, Ineffective Assistance, murder
J. Murphy finds the Kentucky Supreme Court properly denied a death row inmate's petition for habeas relief on his claim the jury conducted an improper experiment with the knife used during the commission of his break-in and murder. There is no clearly established law or ruling from the U.S. Supreme Court that renders such experiments unconstitutional. Defendant makes no claims of jury bias and points to no precedent regarding due process protections that would limit or ban the type of experiments with physical evidence conducted by the jury in this case. Affirmed.
Court: 6th Circuit, Judge: Murphy, Filed On: November 3, 2023, Case #: 17-5065, Categories: habeas, Jury, murder
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 Fifth Circuit finds the district court properly denied defendant’s habeas corpus petition. Defendant was found guilty of murdering two women who were spreading word of two other murders he committed, and his trial counsel did not object to the families’ testimony regarding the effects of their loved ones’ deaths. Defendant’s state habeas attorneys neither abandoned him nor rendered ineffective assistance by not contesting his competency to waive further habeas proceedings. Defendant fails to show cause under relevant case law for procedurally defaulting his claim regarding counsel’s performance. He has also not shown a substantial likelihood that his full medical report would have changed the outcome of the competency hearing. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: October 19, 2023, Case #: 22-70001, Categories: Competence, habeas, murder
J. Myren finds that the circuit court improperly denied a State-filed motion to dismiss a second petition for a writ of habeas corpus alleging ineffective assistance of defendant's habeas counsel for failing to seek a certificate of probable cause in his first habeas corpus proceeding. Defendant was convicted of second-degree murder and sentenced to life in the penitentiary. The South Dakota Constitution does not include a constitutional right to effective assistance of habeas counsel. Reversed.
Court: South Dakota Supreme Court, Judge: Myren, Filed On: October 19, 2023, Case #: 2023SD54, Categories: habeas, murder