all - Opinion Summaries

ANDERSON v. LITSCHER

Criminal Law & Procedure, Habeas Corpus
Where both constitutional and procedural issues were certified for appeal pursuant to 28 U.S.C. sec. 2253(c), but on appeal the defendant ignored the...

ALMANZAR v. MALONEY

Criminal Law & Procedure, Habeas Corpus
Because the trial court made painstaking efforts to ensure the defendant was aware of the nature and consequences of his decision to proceed with a...

MALCOLM v. PAYNE

Criminal Law & Procedure, Habeas Corpus
A prisoner's state petition for clemency does not toll the AEDPA's one-year statute of limitations.

FIELDS v. WOODFORD

Criminal Law & Procedure, Habeas Corpus
Because a juror, who's wife was assaulted and robbed, may have been biased against defendant who was being prosecuted for multiple counts of rape,...

SILVA v. WOODFORD

Criminal Law & Procedure, Habeas Corpus, Ethics & Professional Responsibility
Defense attorney's abandonment of an investigation into defendant's familial history and psychiatric background was not a tactical decision, and...

JONES v. SENKOWSKI

Criminal Law & Procedure, Habeas Corpus
It is error for a district court, in ruling on a petition for habeas relief, to use its discretion to deny an unexhausted claim on the merits when the...

WHITE v. KLITZKIE

Criminal Law & Procedure, Habeas Corpus
A prisoner is not entitled to statutory tolling under the AEDPA for time during which he could have filed a petition for writ of certiorari with the...

HAIN v. GIBSON

Criminal Law & Procedure, Habeas Corpus
Although defendant asserted a cumulative error argument in his petition for habeas relief, it was without merit since he failed to identify multiple...

COCKERHAM v. CAIN

Criminal Law & Procedure, Habeas Corpus
For the purpose of determining whether the defendant could avail himself of a particular rule in challenging his conviction, the Louisiana Supreme...

CARO v. WOODFORD

Criminal Law & Procedure, Sentencing, Habeas Corpus, Ethics & Professional Responsibility
Defense counsel's failure to investigate and present evidence that defendant suffered from brain damage, due to his exposure to neurotoxicants and...