18 results for 'cat:"Habeas" AND cat:"Sex Offender"'.
J. Womack finds the circuit court properly denied the petition for habeas corpus. Defendant argues his rape conviction is illegal, claiming there are inconsistencies in the judgment and commitment order, as well as in the docket entries. The alleged inconsistences consist only of discrepancies in the offense date. Docket entries recorded by various court clerks have no bearing on the facial legality of a judgment or jurisdiction. Affirmed.
Court: Arkansas Supreme Court, Judge: Womack , Filed On: May 9, 2024, Case #: CV-23-720, Categories: habeas, sex Offender, Due Process
J. Stewart finds the district court properly dismissed the Texas inmate's second-in-time petition for lack of jurisdiction. Convicted for continuous sexual abuse, indecency with a child and sexual contact, and possession of child porn, the inmate says that though his first-in-time petition was still pending on appeal when his second-in-time habeas petition was filed, the second filing should have been construed as a motion to amend. Consistent with statutory and Supreme Court guidance, the inmate's second-in-time petition was successive, and subject to the court’s transfer order for lack of jurisdiction absent authorization to file. Affirmed.
Court: 5th Circuit, Judge: Stewart , Filed On: April 15, 2024, Case #: 21-11031, Categories: habeas, sex Offender, Child Victims
J. Bright finds that while the lower court erroneously refused to consider the merits of the inmate's ineffective assistance claim contained in his petition for a writ of habeas corpus, its decision to deny the writ was nevertheless correct as the prosecution's failure to disclose a complete copy of notes taken by a detective did not prejudice the inmate or alter the outcome of the trial. Although a complete copy of the notes indicated a different number of girls on the premises the day the inmate assaulted the victim when compared to the victim's testimony, the discrepancy was unimportant and, furthermore, the inmate's attorney was able to achieve the desired impeachment result through cross-examination of the detective, regardless of the notes. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Bright, Filed On: March 1, 2024, Case #: AC45422, Categories: habeas, Ineffective Assistance, sex Offender
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Moll finds the lower court properly rejected the inmate's petition for a writ of a habeas corpus because he failed to prove he was prejudiced by his attorneys' failure to reopen plea negotiations after one of the charges against him was removed from the indictment, as he admitted he was unsure whether he would have accepted any plea offers. Meanwhile, the ineffective assistance claim related to the attorney's cross-examination of the victim also fail because the attorney's decision to limit his questioning was part of a reasonable strategy to limit the victim's time on the stand, while he still highlighted inconsistencies in her testimony to reduce her credibility. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Moll, Filed On: December 8, 2023, Case #: AC45273, Categories: habeas, Ineffective Assistance, sex Offender
J. Wood finds the circuit court properly dismissed defendant's petition for a writ of habeas corpus challenging his conviction as a habitual offender for rape and aggravated robbery. Because defendant pleaded guilty and does not argue the convictions are invalid, the claims fall outside the scope of a writ of habeas corpus. He challenges evidence sufficiency, which would require the court to ignore the guilty plea to examine the evidence of guilt. This is not cognizable in habeas proceedings. Affirmed.
Court: Arkansas Supreme Court, Judge: Wood , Filed On: November 30, 2023, Case #: CV-23-425, Categories: habeas, Robbery, sex Offender
J. Womack finds the trial court properly denied defendant's petition for leave to proceed in forma pauperis, for extraordinary writ, and to set aside and vacate his judgment on a guilty-plea conviction for sexual assault. Defendant's claims that his conviction resulted from a civil rights violation and his challenges to the sentencing go beyond the face of the judgment and do not implicate validity. His petition was also filed three years after entry of his guilty plea and is untimely. Affirmed.
Court: Arkansas Supreme Court, Judge: Womack , Filed On: November 30, 2023, Case #: CR-23-32, Categories: habeas, sex Offender
J. Palafox finds a lower court did not err in denying habeas corpus relief and a new hearing to a convicted sex offender. Though that sex offender has already completed his sentence, he argues he is nonetheless "restrained by lifetime sex offender registration" and had ineffective counsel and is actually innocent. However, he has not "brought forward newly discovered affirmative evidence that unquestionably establishes his innocence." Affirmed.
Court: Texas Courts of Appeals, Judge: Palafox, Filed On: September 1, 2023, Case #: 08-22-00237-CR, Categories: Evidence, habeas, sex Offender
J. Bright finds the lower court improperly denied the inmate's request for certification to appeal because the statement from the victim withheld by police prior to the inmate's trial on sexual assault and unlawful restraint was material to his defense and provided him with a viable habeas claim. Therefore, the petition for a writ of habeas corpus will be granted, the inmate's conviction for unlawful restraint will be vacated, and the case will be remanded for a new trial. Reversed.
Court: Connecticut Court Of Appeals, Judge: Bright, Filed On: August 18, 2023, Case #: AC45442, Categories: Evidence, habeas, sex Offender
J. Gray finds that the trial court properly denied defendant's application for a writ of habeas corpus after he could not make the $400,000 bail on child sexual assault charges. Defendant did not adequately brief his issue that the trial court abused its discretion. Affirmed.
Court: Texas Courts of Appeals, Judge: Gray, Filed On: July 19, 2023, Case #: 10-22-00281-CR, Categories: habeas, sex Offender, Bail
J. Lindsey finds defendant's petition for habeas corpus based in part on alleged ineffective assistance of appellate counsel and constitutional violations by the trial court in his sexual battery case must be denied. Every one of the six counts in defendant's petition, which also include accusations of prosecutorial misconduct and illegal procedures with the photo lineup from which the victim identified him, should have been raised in his motion for post-conviction relief or on direct appeal, making them untimely.
Court: Florida Courts Of Appeal, Judge: Lindsey, Filed On: July 12, 2023, Case #: 23-0714, Categories: Constitution, habeas, sex Offender
J. Nalbandian finds the lower court properly dismissed the former inmate's habeas petition because the lifetime electronic monitoring and registration requirements imposed as a result of his sexually-based offenses do not restrict his movements significantly enough to render him in custody. While the restrictions are certainly burdensome, they qualify only as collateral consequences of his convictions and cannot be used to establish jurisdiction for a habeas claim. Affirmed.
Court: 6th Circuit, Judge: Nalbandian, Filed On: June 23, 2023, Case #: 22-1301, Categories: habeas, sex Offender, Jurisdiction
Per curiam, the circuit finds that the district court properly denied defendant habeas relief after state convictions for rape, sexual abuse, and endangering a minor were upheld on direct appeal. Defendant contends that jury instructions on intoxication undermined his right to make decisions about his own defense, but the instruction did not violate clearly established federal law. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: June 22, 2023, Case #: 21-2210, Categories: habeas, Jury, sex Offender
J. Schreier finds that the district court improperly denied an amended habeas petition after defendant pleaded guilty to nine charges including burglary and rape. Defendant did not need to obtain a certificate of appealability in order to appeal the denial of an instant appeal. Reversed.
Court: 9th Circuit, Judge: Schreier, Filed On: June 2, 2023, Case #: 21-15616, Categories: Burglary, habeas, sex Offender