all - Opinion Summaries

US v. LEONTI

Constitutional Law, Criminal Law & Procedure, Habeas Corpus, Sentencing
A viable ineffective assistance claim can arise through counsel's alleged failure to effectively assist a defendant awaiting sentence, in willing...

ROWSEY v. LEE

Criminal Law & Procedure, Habeas Corpus
A trial judge's allegedly impartial comments did not affect a 28 U.S.C. section 2254 habeas petitioner's right to a fair trial. It was reasonable for...

MCKENZIE v. SMITH

Criminal Law & Procedure, Evidence, Habeas Corpus
Given the circumstances of a child's out-of-court statement and the lack of any corroborating evidence, on the record petitioner's conviction of...

MASSARO v. US

Criminal Law & Procedure, Habeas Corpus
An ineffective assistance of counsel claim may be brought in a collateral proceeding under 28 U.S.C. section 2255, whether or not the petitioner could...

WADE v. ROBINSON

Criminal Law & Procedure, Habeas Corpus
Although the district court did misapply section 2244(d)(1), which challenges the state's rescindment of his good conduct credits upon his parole...

SIMMONDS v. INS

Criminal Law & Procedure, Habeas Corpus, Immigration Law
Although plaintiff is in INS custody and thus not barred by the terms of 28 U.S.C. section 2241 from bringing a habeas corpus challenge to his removal...

CHRZANOSKI v. ASHCROFT

Criminal Law & Procedure, Habeas Corpus, Immigration Law
Use of force is not an element of Connecticut General Statutes section 53a-61(a)(1), thus third degree intentional assault under Connecticut law is...

IN RE CAPISTRAN

Criminal Law & Procedure, Habeas Corpus
Grant of petition is affirmed where (1) the report of the Governor required by Article V, section 8(b) was based upon facts for which there was not...

IN RE: FOWLKES

Criminal Law & Procedure, Habeas Corpus
Authorization to file a successive petition pursuant to 28 U.S.C. section 2254 is denied where petitioner's ineffective assistance of counsel, Brady,...

MCNEELY v. BLANAS

Constitutional Law, Criminal Law & Procedure, Habeas Corpus
A habeas petitioner's constitutional speedy trial rights were violated where he had been in custody since April 1998 without a preliminary hearing or...