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Description Date Docket #

DRAKE v. PORTUONDO

United States Second Circuit
Criminal Law & Procedure, Habeas Corpus
District court's judgment denying plaintiff's petition for habeas relief is vacated and remanded for discovery and a hearing on whether the...
02/05/2003 01-2217

DAVID v. HALL

United States First Circuit
Criminal Law & Procedure, Habeas Corpus
The running of the 28 U.S.C. section 2244(d)(1) limitations period will not be equitably tolled, as a mistake by counsel in reading the statute or...
02/05/2003 01-2289

ALLEN v. LEE

United States Fourth Circuit
Criminal Law & Procedure, Habeas Corpus
In conducting a Batson analysis of prosecution's peremptory challenges, the North Carolina state court relied on the ratio of black jurors seated to...
02/05/2003 02-5

ORANGE v. CALBONE

United States Tenth Circuit
Criminal Law & Procedure, Habeas Corpus
Because an "appeal out of time" granted to petitioner by the Oklahoma Court of Criminal Appeals constitutes "direct review" for purposes of 28 U.S.C....
02/04/2003 01-7115

DAVIS v. MITCHELL

United States Sixth Circuit
Criminal Law & Procedure, Habeas Corpus, Sentencing
Instructions which left a jury with the impression that juror unanimity was required to mitigate the punishment from death to life imprisonment...
02/04/2003 00-4193

IN RE: TAYLOR

California Court of Appeal
Criminal Law & Procedure, Habeas Corpus, Sentencing
Appearing (or failing to appear) for a drug test satisfies the definition of a "drug-related" condition of probation under Proposition 36 (Pen. Code,...
02/04/2003 B161535

HARDWICK v. CROSBY

United States Eleventh Circuit
Criminal Law & Procedure, Habeas Corpus, Sentencing
In a death penalty appeal, an attorney who provided no defense and failed to explain the significance of all available evidence at the penalty phase,...
01/31/2003 97-2319

DRAKE v PORTUONDO

United States Second Circuit
Criminal Law & Procedure, Evidence, Habeas Corpus
In a claim for wrongful conviction based on perjured testimony under the Due Process Clause of the Fourteenth Amendment, petitioner made a showing of...
01/31/2003 01-2217

ELLSWORTH v. WARDEN

United States First Circuit
Criminal Law & Procedure, Habeas Corpus
In sexual assault convictions, petitioner's Confrontation Clause rights were violated when the judge failed to allow him to cross-examine a juvenile...
01/31/2003 02-1226

WICKLINE v. MITCHELL

United States Sixth Circuit
Criminal Law & Procedure, Habeas Corpus
Ohio death row inmate's claim, that trial counsel was ineffective for failing to investigate and present mitigating evidence at the penalty phase,...
01/30/2003 98-4280

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