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Description Date Docket #

BROOMES v. ASHCROFT

United States Tenth Circuit
Constitutional Law, Criminal Law & Procedure, Habeas Corpus, Immigration Law
Habeas petitions filed by two lawful permanent residents, alleging ineffective assistance of counsel for their attorneys' failure to advise them of...
02/17/2004 02-6419, 03-1063

MELTON v. US

United States Seventh Circuit
Criminal Law & Procedure, Habeas Corpus
Prisoner's motion for audita querela is in substance a motion under 28 U.S.C. section 2255; because he had not received the court's permission to...
02/13/2004 03-3903

WALKER v. SMITH

United States Sixth Circuit
Criminal Law & Procedure, Habeas Corpus
Though the state court changed the title of prisoner's 1995 motion to a "motion for relief from judgment," its 2003 order actually decided his motion...
02/13/2004 03-1611

LEE v. STICKMAN

United States Third Circuit
Criminal Law & Procedure, Habeas Corpus
In light of the eight-year delay in prisoner's post-conviction collateral proceedings in the Pennsylvania state courts, the dismissal of his federal...
02/11/2004 02-3497

POWELL v. LAMBERT

United States Ninth Circuit
Criminal Law & Procedure, Habeas Corpus
Washington's rule requiring dismissal of "mixed petitions" was not adequate to serve as a procedural bar to the assertion of prisoner's federal rights...
02/10/2004 01-35809

DOUGLAS v. HORN

United States Third Circuit
Criminal Law & Procedure, Habeas Corpus
The one-year grace period established by AEDPA was not tolled during the pendency of prisoner's petition for allowance of appeal nunc pro tunc. Thus,...
02/09/2004 02-2339

SANCHEZ-CASTELLANO v. US

United States Sixth Circuit
Civil Procedure, Criminal Law & Procedure, Habeas Corpus
An unappealed federal criminal judgment becomes final ten days after it is entered, for purposes of the 28 U.S.C. section 2255 one-year statute of...
02/09/2004 02-5081

EMEZUO v. US

United States Seventh Circuit
Criminal Law & Procedure, Habeas Corpus, Sentencing
Because his proffer would have been insufficient even if it had been submitted to the government, prisoner suffered no prejudice and therefore cannot...
02/06/2004 02-1263

SWABY v. ASHCROFT

United States Second Circuit
Criminal Law & Procedure, Habeas Corpus, Immigration Law
The repeal of INA section 212(c) by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA) does not have an impermissibly...
02/03/2004 02-2068, 03-2298

SANDERS v. LAMARQUE

United States Ninth Circuit
Criminal Law & Procedure, Habeas Corpus
Habeas writ was properly granted to prisoner based on the state trial court's dismissal of the lone holdout juror; a trial court may not remove a...
02/03/2004 02-56893

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