all - Opinion Summaries

MOORE v. SCHOEMAN

Criminal Law & Procedure, Habeas Corpus
Under 28 U.S.C. section 2254(b)(2), a district court faced with a habeas petition containing only unexhausted claims may either: 1)dismiss the entire...

VISCIOTTI v. WOODFORD

Constitutional Law, Criminal Law & Procedure, Sentencing, Habeas Corpus
Even where a defense attorney's overall trial performance may have been deficient, an ineffective assistance of counsel claim was denied where...

STAPLETON v. WOLFE

Constitutional Law, Criminal Law & Procedure, Habeas Corpus
Improper admission of a non-testifying accomplice's statements was not harmless error, and was instead a violation of the Sixth Amendment...

LEAMER v. FAUVER

Civil Rights, Constitutional Law, Criminal Law & Procedure, Sentencing, Habeas Corpus
Imprisoned sex-offender's claim, for placement on "Restricted Activities Program" status and denial of therapy (and attendant consequences),...

DAVIDSON v. BOWERSOX

Constitutional Law, Criminal Law & Procedure, Habeas Corpus
State court decision, concluding testimony that defendant suffered from post-traumatic stress disorder should be excluded under applicable Missouri...

COOEY v. COYLE

Constitutional Law, Criminal Law & Procedure, Sentencing, Habeas Corpus
State court's reweighing of aggravating circumstances and mitigating factors as a cure for weighing errors at sentencing was not contrary to, and did...

JOHNSON v. MCKUNE

Criminal Law & Procedure, Habeas Corpus
While Sandstrom v. Montana, 442 U.S. 510 (1979), created a "new" rule, it may not be applied retroactively on collateral review to defendant's claim...

RIDDLE v. COCKRELL

Criminal Law & Procedure, Habeas Corpus
Where petitioner made ineffective assistance of counsel claim after defense attorney failed to object to prosecutor's testimony and continued...

KENNAUGH v. MILLER

Constitutional Law, Criminal Law & Procedure, Habeas Corpus
The general due process standard in Manson v. Brathwaite would apply to admission of impermissibly suggestive in-court identification testimony, but...