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Description Date Docket #

WANG v ASHCROFT

United States Second Circuit
Criminal Law & Procedure, Habeas Corpus, Immigration Law, International Law
In a multi-claim habeas appeal, (1) Federal courts have jurisdiction to consider the United Nations Convention Against Torture (CAT) claims raised in...
02/19/2003 02-2045

TORRES v. SENKOWSKI

United States Second Circuit
Criminal Law & Procedure, Habeas Corpus
AEDPA's authorization requirement is jurisdictional and therefore cannot be waived. All successive petitions must comply with AEDPA's authorization...
02/19/2003 02-2159

ALEMAN v. STERNES

United States Seventh Circuit
Constitutional Law, Criminal Law & Procedure, Habeas Corpus
Prosecutor's reference to defendant's failure to take the stand did not violate defendant's right to due process of law, thus his custody did not...
02/19/2003 02-2874

STILLMAN v. LAMARQUE

United States Ninth Circuit
Criminal Law & Procedure, Habeas Corpus
A California prisoner was not entitled to the benefit of the prison "mailbox rule" under the circumstances, but equitable tolling will apply based on...
02/18/2003 02-15139

HARDAMON v. US

United States Seventh Circuit
Criminal Law & Procedure, Habeas Corpus
Defense counsel's performance taken as a whole did not violate the performance prong of the Strickland test, thus denial of a habeas petition is...
02/14/2003 01-3909

BROWN v. LEE

United States Fourth Circuit
Criminal Law & Procedure, Habeas Corpus
Plaintiff's habeas claim, that his death sentence is constitutionally infirm because the trial court instructed the jury that unanimity was required...
02/14/2003 02-11

PETERSON v. LAMPERT

United States Ninth Circuit
Constitutional Law, Criminal Law & Procedure, Habeas Corpus
Denial of a habeas petition is affirmed where petitioner failed to exhaust a claim of ineffective assistance of counsel in state courts, because on...
02/14/2003 00-35897

EZE v. SENKOWSKI

United States Second Circuit
Criminal Law & Procedure, Evidence, Habeas Corpus
In an appeal of a child sexual abuse conviction, where defense counsel's trial strategy is unavailable for review, the denial of petitioner's writ of...
02/14/2003 99-2261

CHANNER v. BROOKS

United States Second Circuit
Criminal Law & Procedure, Habeas Corpus
Because 1) the state court's legal conclusions were consistent with federal law, 2) its factual findings at the post-conviction hearing were...
02/14/2003 01-2093

MARTIN v. PEREZ

United States Sixth Circuit
Criminal Law & Procedure, Habeas Corpus
Petitioner has satisfied the requirements of the 28 U.S.C. section 2255 savings clause, and he was entitled to a hearing under section 2241.
02/13/2003 01-5690

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