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Description Date Docket #

ORTIZ-SANDOVAL v. CLARKE

United States Ninth Circuit
Criminal Law & Procedure, Habeas Corpus
A habeas petition will be treated as a re-filing of an earlier claim rather than a "second or successive" petition under 28 U.S.C. section 2244(b),...
03/25/2003 02-15291

WOODFORD v. GARCEAU

United States Supreme Court
Criminal Law & Procedure, Habeas Corpus
For purposes of application of amendments made to 28 U.S.C. ch. 153 by the Antiterrorism and Effective Death Penalty Act (AEDPA), a case does not...
03/25/2003 01-1862

US v. BARNES

United States Third Circuit
Criminal Law & Procedure, Habeas Corpus
The circuit court has jurisdiction over an appeal, as a partially pending substituted 28 U.S.C. section 2255 motion does not make a conviction and...
03/24/2003 02-1002/1592

US v. HURST

United States Tenth Circuit
Criminal Law & Procedure, Habeas Corpus
A motion presented to the court on the anniversary date of a triggering event is within the "1-year period of limitation" set out in 28 U.S.C. section...
03/24/2003 01-7057

COOK v. NEW YORK STATE DIV. OF PAROLE

United States Second Circuit
Criminal Law & Procedure, Habeas Corpus
State prisoners who wish to mount a federal habeas challenge to the revocation of their parole must do so under 28 U.S.C. section 2254 rather than 28...
03/18/2003 00-2642

COOK v. MCKUNE

United States Tenth Circuit
Criminal Law & Procedure, Habeas Corpus
The state did not make a reasonable effort to locate a key witness in petitioner's first degree murder trial, and petitioner's conviction was obtained...
03/18/2003 01-3106

US v. FRY

United States Ninth Circuit
Criminal Law & Procedure, Habeas Corpus, Immigration Law, Sentencing
Counsel's failure to advise a defendant of collateral immigration consequences of the criminal process does not violate the Sixth Amendment right to...
03/18/2003 01-17455

BROWN v. SHANNON

United States Third Circuit
Criminal Law & Procedure, Habeas Corpus
An attorney's withdrawal of representation after failing to file a federal habeas petition did not warrant equitable tolling of the statutory...
03/17/2003 01-1308

WEMARK v. STATE OF IOWA

United States Eighth Circuit
Criminal Law & Procedure, Ethics & Professional Responsibility, Habeas Corpus
A claim that a habeas petitioner's attorney had an actual conflict and that prejudice should be presumed under Cuyler v. Sullivan, 446 U.S. 335, in an...
03/17/2003 02-1755

CHEIN v. SHUMSKY

United States Ninth Circuit
Criminal Law & Procedure, Habeas Corpus
Petitioner's due process claims based on admission of judge's testimony and prosecutor misconduct were procedurally defaulted, and sufficient evidence...
03/14/2003 01-56320

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