all - Opinion Summaries

CLARK v. MURPHY

Criminal Law & Procedure, Habeas Corpus
A murder suspect's statement that he "thought" he would like to talk to a lawyer did not constitute an unambiguous and unequivocal request for...

LYONS v. LEE

Criminal Law & Procedure, Habeas Corpus
Petitioner was not "in custody" for a common law robbery conviction at the time he filed his habeas petition, and a petitioner may not challenge an...

HARRISON v. LOCKYER

Constitutional Law, Criminal Law & Procedure, Habeas Corpus
Denial of defendant's discovery access to material that was more than five years old in a police officer's personnel file did not deny him due process...

WHITLEY v. SENKOWSKI

Criminal Law & Procedure, Habeas Corpus
A district court judgment denying a 28 U.S.C. section 2254 petition as time-barred is vacated and remanded for decision as a matter of fact whether...

IN RE DARLICE C.

Habeas Corpus, Family Law, Juvenile Law
Habeas corpus may be used to collaterally attack an order terminating parental rights, on the grounds that the parent was not afforded competent...

BLACK v. COCKRELL

Criminal Law & Procedure, Habeas Corpus
In claims alleging ineffective assistance through counsel's alleged denial of his right to testify during the penalty phase, and adoption of a trial...

BURGER v. SCOTT

Criminal Law & Procedure, Habeas Corpus
Equitable tolling should have been applied to a pro se 28 U.S.C. section 2241 habeas petition, where the petitioner did not sleep on his federal...

PHAM v. US

Criminal Law & Procedure, Habeas Corpus
The record as it presently exists does not support denial of a habeas petition, based on claims that a trial attorney rendered ineffective assistance...

PATTERSON v. HASKINS

Criminal Law & Procedure, Habeas Corpus
The trial court's error in setting forth the instructions for involuntary manslaughter based on child endangering, which omitted proximate cause, was...

BANKS v. HORN

Constitutional Law, Criminal Law & Procedure, Sentencing, Habeas Corpus
Mills v. Maryland, 486 U.S. 367 (1988), did not announce a new rule of constitutional law for purposes of retroactivity, thus application of Mills on...