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Description Date Docket #

KUTZNER v. COCKRELL

United States Fifth Circuit
Criminal Law & Procedure, Habeas Corpus
A Death Row inmate's filings are treated as a petition for authority to file a successive habeas, and such relief is denied where petitioner failed to...
08/14/2002 02-20857

NOWACZYK v. WARDEN, NEW HAMPSHIRE STATE PRISON

United States First Circuit
Criminal Law & Procedure, Habeas Corpus
District court abused its discretion in dismissing a fully-exhausted habeas petition filed under the Antiterrorism and Effective Death Penalty Act,...
08/14/2002 98-1921, 99-1379

SIMMONS v. LUEBBERS

United States Eighth Circuit
Criminal Law & Procedure, Sentencing, Habeas Corpus
A new penalty phase trial is mandated where defense counsel's failure to introduce available mental health information and mitigating circumstances...
08/14/2002 01-2663/2699

WRIGHT v. NORRIS

United States Eighth Circuit
Criminal Law & Procedure, Habeas Corpus
A habeas petition was untimely where an appeal on a state post-conviction motion was not properly filed, and did not toll the Anti-Terrorism and...
08/14/2002 01-3311

HARGROVE v. BRIGANO

United States Sixth Circuit
Criminal Law & Procedure, Habeas Corpus
District court's decision to equitably toll a habeas petition prospectively, under 28 U.S.C. section 2244(d)(1)'s one year limitation period, was...
08/14/2002 01-3095

HARDING v. WALLS

United States Seventh Circuit
Criminal Law & Procedure, Habeas Corpus
Habeas relief is improper where the state court reasonably concluded that a witness did not commit constitutional error by perjuring himself, based on...
08/13/2002 01-2929

HILL v. ANDERSON

United States Sixth Circuit
Criminal Law & Procedure, Habeas Corpus
An unexhausted claim (that mental retardation negates a death sentence), mixed in a habeas petition with claims previously heard in state court, is...
08/13/2002 99-4317

GRAHAM v. COSTELLO

United States Second Circuit
Criminal Law & Procedure, Habeas Corpus
Denial of a habeas petition based on Stone v. Powell, 428 U.S. 465 (prohibiting habeas relief based on a Fourth Amendment violation) is a denial on...
08/12/2002 02-3548

SAWYER v. HOFBAUER

United States Sixth Circuit
Criminal Law & Procedure, Habeas Corpus, Evidence
An evidentiary hearing was warranted where it was reasonably probable that the disclosure of a semen stain on victim's underwear, from a source other...
08/09/2002 99-2090, 01-1167

ROBINSON v. MOORE

United States Eleventh Circuit
Criminal Law & Procedure, Sentencing, Habeas Corpus
Defense counsel's failure to investigate and present available mitigation evidence at sentencing, after a capital murder conviction, was not...
08/08/2002 01-14273

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