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Description Date Docket #

CALIENDO v. WARDEN OF CALIFORNIA MEN'S COLONY

United States Ninth Circuit
Criminal Law & Procedure, Habeas Corpus
In a close case that turned on the testifying detective's credibility, state court erred in failing to presume prejudice from the detective's...
04/05/2004 01-56946

SHENANDOAH v. HALBRITTER

United States Second Circuit
Civil Rights, Habeas Corpus, Indian Law, Property Law & Real Estate
Because the only mechanism for federal enforcement of rights under the Indian Civil Rights Act is a federal habeas petition, and no detention has been...
04/02/2004 03-7862

HARRIS v. COTTON

United States Seventh Circuit
Criminal Law & Procedure, Habeas Corpus
Habeas writ is granted. Given that the defense to the murder charge was self-defense, the victim's behavior was of critical importance; counsel's...
04/02/2004 03-1611

JOHNSON v. US

United States Ninth Circuit
Criminal Law & Procedure, Habeas Corpus, Sentencing
A successful 28 U.S.C. section 2255 petition, utilized as a device to obtain an out-of-time appeal rather than as a collateral attack on the original...
04/02/2004 01-16947

RESTREPO v. MCELROY

United States Second Circuit
Criminal Law & Procedure, Habeas Corpus, Immigration Law
Though habeas relief was granted on improper grounds, alien correctly argues that section 440(d) of AEDPA, which eliminates eligibility for...
04/01/2004 99-2703

FLOYD v. HANKS

United States Seventh Circuit
Criminal Law & Procedure, Habeas Corpus
Rapist's habeas appeal, alleging ineffective assistance of counsel and violation of his due process rights, was properly rejected.
04/01/2004 03-1706

CARR v. SCHOFIELD

United States Eleventh Circuit
Criminal Law & Procedure, Habeas Corpus, Sentencing
Denial of death row inmate's habeas petition is affirmed.
03/31/2004 02-11488

US v. BATTLES

United States Ninth Circuit
Criminal Law & Procedure, Habeas Corpus
Equitable tolling applies to the one year time limitation in 28 U.S.C. section 2255. Remanded to determine whether this habeas petitioner is entitled...
03/30/2004 00-15134

WARREN v. LEWIS

United States Sixth Circuit
Criminal Law & Procedure, Habeas Corpus
All the evidence available to the district court suggested that despite functioning at the upper-end of mental retardation, petitioner was in fact...
03/30/2004 02-5983

JACKSON v. GIURBINO

United States Ninth Circuit
Criminal Law & Procedure, Habeas Corpus
Habeas writ is granted to vacate prisoner's first-degree murder conviction because he suffered substantial prejudice as a result of evidence admitted...
03/26/2004 02-57117

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