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Description Date Docket #

IN RE: BYRD

United States Sixth Circuit
Criminal Law & Procedure, Habeas Corpus
Failure to include evidence in support of actual innocence in first pre-AEDPA habeas petition constitutes abuse of writ that will not bypass the...
09/21/2001 01-3927

DIXON v. SNYDER

United States Seventh Circuit
Constitutional Law, Criminal Law & Procedure, Habeas Corpus
Defense counsel's misunderstanding of state law that allowed use of a witness's prior inconsistent statements beyond impeachment resulted in...
09/20/2001 00-2142

WEISE v. STATE OF TEXAS

Court of Criminal Appeals of Texas
Criminal Law & Procedure, Habeas Corpus
A pretrial writ of habeas corpus may not issue on the ground that a penal statute is being unconstitutionally applied because of the allegations in...
09/20/2001 1425-00

STANFORD v. PARKER

United States Sixth Circuit
Criminal Law & Procedure, Habeas Corpus
In capital cases, the trial court need not include "life-qualifying" questions during individual juror voir dire, so long as defense counsel can ask...
09/20/2001 00-5094

MARTINEZ v. KLAUSER

United States Ninth Circuit
Criminal Law & Procedure, Habeas Corpus
The statute of limitations under Idaho Code 19-4906(b) is not a "clear, consistently applied and well-established" state rule to warrant sua sponte...
09/18/2001 00-35422

KING v. KENMA

United States Eighth Circuit
Criminal Law & Procedure, Habeas Corpus
A federal circuit court may consider the issue of procedural default in a habeas petition sua sponte.
09/17/2001 99-2047

RUTH v. US

United States Seventh Circuit
Criminal Law & Procedure, Habeas Corpus
A bona fide motion for a new trial on the basis of newly discovered evidence demonstrating actual innocence falls outside 28 USC 2255 because it does...
09/14/2001 01-2006

ASHLEY v. US

United States Seventh Circuit
Criminal Law & Procedure, Sentencing, Habeas Corpus
The district court must decide whether Apprendi applies retroactively on collateral review.
09/14/2001 01-1733

CAMPBELL v. RICE

United States Ninth Circuit
Criminal Law & Procedure, Habeas Corpus
Prosecution of a drug offense against defense counsel required trial court to inquire whether there was a conflict of interest in defendant's...
09/12/2001 99-17311

CARTER v. BOWERSOX

United States Eighth Circuit
Criminal Law & Procedure, Habeas Corpus
Failure of counsel to challenge an instructional error in a capital case regarding when a jury may impose the death penalty under state law...
09/11/2001 00-2777

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