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Description Date Docket #

MCIVER v. US

United States Eleventh Circuit
Criminal Law & Procedure, Habeas Corpus
A successful motion to file an out-of-time notice of appeal is not to be counted as a first petition for the purposes of subsequent collateral...
09/30/2002 01-10507

HARDAWAY v. WITHROW

United States Sixth Circuit
Criminal Law & Procedure, Habeas Corpus
Michigan Court of Appeals properly found that a trial judge had not given the jury a new and different instruction on manslaughter, and the jury was...
09/30/2002 01-1456/1506

HALEY v. COCKRELL

United States Fifth Circuit
Criminal Law & Procedure, Sentencing, Habeas Corpus
:-?L:?-?al innocence exception applies to non-capital sentencing procedures involving a career or habitual felony offender, and where requirements of...
09/27/2002 01-41389

GRAY v. BRILEY

United States Seventh Circuit
Criminal Law & Procedure, Habeas Corpus
A 28 U.S.C. section 2254 petition was untimely where an earlier state court application was not timely filed under the rules recently established in...
09/27/2002 01-1355

LUNA v. CAMBRA

United States Ninth Circuit
Criminal Law & Procedure, Habeas Corpus
Trial counsel's failure to interview and subpoena two alibi witnesses and one exonerating witness amounted to prejudicial ineffective assistance of...
09/27/2002 01-55841

US v. DEROO

United States Eighth Circuit
Criminal Law & Procedure, Sentencing, Habeas Corpus
District court did not err in finding defendant qualified for sentencing under the Armed Career Criminal Act, 18 U.S.C. section 924(e).
09/27/2002 01-3421

MILLER v. COLLINS

United States Sixth Circuit
Criminal Law & Procedure, Habeas Corpus
Due to petitioner's lack of notice, his diligence in pursuing his claims, and Ohio's failure to argue prejudice, the 28 U.S.C. section 2244 one-year...
09/26/2002 00-3656

IN RE ALBERTO

California Court of Appeal
Criminal Law & Procedure, Sentencing, Habeas Corpus
After one judge sets bail for a criminal defendant awaiting trial, another judge may not increase the bail solely because the second judge believes...
09/25/2002 B158722

GOODE v. US

United States Sixth Circuit
Criminal Law & Procedure, Sentencing, Habeas Corpus
Apprendi does not apply retroactively to initial 28 U.S.C. section 2255 motions, as it is not a watershed rule of criminal procedure, and Apprendi...
09/25/2002 01-1340

MCQUILLION v. DUNCAN

United States Ninth Circuit
Constitutional Law, Criminal Law & Procedure, Sentencing, Habeas Corpus
A prisoner is entitled to habeas relief on grounds that rescission of his parole date violated due process, where none of the "good cause" grounds for...
09/25/2002 00-55182

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