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Description Date Docket #

BECK v. BOWERSOX

United States Eighth Circuit
Criminal Law & Procedure, Habeas Corpus
In a habeas claim challenging the denial of a suppression motion, the petitioner is entitled to have the transcript of the suppression hearing in the...
07/30/2001 00-2745

FORTINI v. MURPHY

United States First Circuit
Criminal Law & Procedure, Habeas Corpus, Evidence
While it is error to prohibit introduction of evidence showing the victim's state of mind if it tends to prove the defendant's claim of self-defense,...
07/27/2001 00-2305

US v. CLARK

United States Fifth Circuit
Criminal Law & Procedure, Sentencing, Habeas Corpus
In determining whether an amendment to a habeas petition would be futile, district courts may need to determine whether Apprendi announces a...
07/26/2001 99-50485

PAVEL v. HOLLINS

United States Second Circuit
Criminal Law & Procedure, Habeas Corpus
Trial attorney that did not prepare a defense, on the theory that the charges against defendant would be dismissed at the close of the prosecution's...
07/26/2001 99-2410

PEOPLE v. TREVINO

Supreme Court of California
Criminal Law & Procedure, Sentencing, Habeas Corpus
Under Penal Code section 190.2(a)(2), a prior-murder special-circumstance finding may be based on an offense committed in another jurisdiction if,...
07/26/2001 S085410

STEVERSON v. SUMMERS

United States Sixth Circuit
Criminal Law & Procedure, Habeas Corpus
Habeas petitioner is not "in custody" for purposes of challenging expired state criminal convictions used to enhance federal sentence.
07/25/2001 99-5694

PENNINGTON v. NORRIS

United States Eighth Circuit
Criminal Law & Procedure, Habeas Corpus
A prisoner who files a habeas petition that challenges the execution of his sentence and validity of a conviction previously challenged has the option...
07/24/2001 00-1937

STEWARD v. CAIN

United States Fifth Circuit
Criminal Law & Procedure, Habeas Corpus
There is a presumption that a later state court decision rejecting a prisoner's federal claim did not silently disregard a procedural bar and consider...
07/20/2001 00-30931

PORTERFIELD v. BELL

United States Sixth Circuit
Criminal Law & Procedure, Habeas Corpus
In granting a certificate of appealability, a court should make an individualized determination as to each procedurally defaulted claims rather than...
07/18/2001 01-5107

DAVILA v. US

United States Sixth Circuit
Criminal Law & Procedure, Habeas Corpus
When a defendant knowingly, intelligently, and voluntarily waives the right to collaterally attack his or her sentence, he or she may not bring a...
07/17/2001 00-3042

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