all - Opinion Summaries

THOMAS v. STATE OF FLORIDA

Criminal Law & Procedure, Habeas Corpus
In a motion for postconviction relief, claims of ineffective assistance of trial counsel based on allowing defendant to waive the right to appeal,...

VASQUEZ v. PARROTT

Criminal Law & Procedure, Habeas Corpus
Prisoner's first petition, seeking release from detention due to delay in state appellate review, did not count in determining whether a later...

FREEMAN v. GRAVES

Constitutional Law, Criminal Law & Procedure, Habeas Corpus
The standard from U.S. v. Cronic, 466 U.S. 648 (1984), which presumes prejudice from ineffective assistance of counsel, only applies when the...

CUEVAS v. U.S.

Civil Procedure, Criminal Law & Procedure, Habeas Corpus
The district court did not abuse its discretion when it refused to consider a 28 U.S.C. section 2255 motion, due to petitioner's breach of local rules...

GENTRY v. ROE

Constitutional Law, Criminal Law & Procedure, Evidence, Habeas Corpus, Legal Malpractice
Trial counsel's election in closing argument, to ignore evidence in the record that would help his client, and to highlight detrimental record and...

CARGLE v. MULLIN

Constitutional Law, Criminal Law & Procedure, Habeas Corpus, Legal Malpractice, Sentencing
Petitioner is entitled to relief from capital convictions and death sentences based on ineffective assistance of counsel and prosecutorial misconduct,...

BEEM v. MCKUNE

Criminal Law & Procedure, Habeas Corpus, Sentencing
The remedy from Carmichael v. State, 872 P.2d 240 (Kan. 1994), does not amount to a court having found habeas petitioners guilty of and sentencing...

IN RE SCOTT

Criminal Law & Procedure, Habeas Corpus, Sentencing
Habeas petitioner failed to carry his burden of establishing that trial counsel's purported failure to investigate and adequately present: 1) a mental...

ROBERTS v. COCKRELL

Criminal Law & Procedure, Habeas Corpus
Application for habeas relief was time-barred, as the federal court will not look to state law to determine when a state conviction becomes final for...

DOUGLAS v. WOODFORD

Criminal Law & Procedure, Habeas Corpus, Sentencing
Because death row habeas petitioner's counsel was constitutionally ineffective, in failing to investigate and present significant mitigating evidence...