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Description Date Docket #

CLAY v. US

United States Supreme Court
Criminal Law & Procedure, Habeas Corpus
For the purpose of starting the clock on 28 U.S.C. section 2255's one-year limitation period, a judgment of conviction becomes final when the time...
03/04/2003 01-1500

FERGUSON v. PALMATEER

United States Ninth Circuit
Constitutional Law, Criminal Law & Procedure, Habeas Corpus
28 U.S.C. section 2244(d)(1) is not a per se violation of the Suspension Clause of the U.S. Constitution, and the literal wording of that statute does...
02/28/2003 01-36143

LEWIS v. LEWIS

United States Ninth Circuit
Criminal Law & Procedure, Habeas Corpus
In rejecting a Batson motion, a California appeals court committed constitutional error by not rectifying the trial court's failure to conduct the...
02/28/2003 01-56927

IN RE JENNINGS

California Court of Appeal
Criminal Law & Procedure, Habeas Corpus
In order to violate Business and Professions Code section 25658(c), which prohibits furnishing alcohol those under 21 who thereafter cause injury or...
02/28/2003 C041479

WALTON v. ANGELONE

United States Fourth Circuit
Criminal Law & Procedure, Habeas Corpus
Because defendant has failed to make a substantial showing of the denial of a constitutional right, 28 U.S.C. section 2253(c)(2), his application for...
02/27/2003 02-18

RUDENKO v. COSTELLO

United States Second Circuit
Criminal Law & Procedure, Habeas Corpus
In 16 consolidated habeas appeals under 28 U.S.C. section 2254, because the cases involve petitioners who were convicted of a variety of unrelated...
02/27/2003 99-2242

GANDARILLA v. ARTUZ

United States Second Circuit
Criminal Law & Procedure, Habeas Corpus
Due to lack of clarity as to whether a habeas petition has been rejected for merits-based reasons or for lack of exhaustion, the matter is remanded to...
02/27/2003 99-2423

MIRANDA v. BENNETT

United States Second Circuit
Criminal Law & Procedure, Habeas Corpus
Certificate of appealability held in abeyance while the district court identifies the grounds on which it denied a petition, insofar as it asserted...
02/27/2003 99-2718

COOK v. NEW YORK STATE BD. 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...
02/26/2003 00-2642

HO v. NEWLAND

United States Ninth Circuit
Constitutional Law, Criminal Law & Procedure, Habeas Corpus
A 28 U.S.C. section 2254 habeas petitioner was deprived of the constitutional right to have a jury decide every element of a second-degree murder...
02/26/2003 01-16823

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