Topic
Every decision we've filed under Constitutional.
The Eighth Circuit affirmed the denial of a federal habeas corpus petition filed by a South Dakota death row inmate. The court rejected six claims challenging the constitutionality of habeas deference, procedural default, and ineffective assistance of counsel.
The Ninth Circuit granted a stay and abeyance to allow a death row inmate to present an ineffective assistance of counsel claim at sentencing to state court. The court held that the claim was not procedurally barred under Arizona law despite the petitioner's failure to raise it in a prior petition.
The Ninth Circuit granted a stay and abeyance to allow a death row inmate to present an ineffective assistance of counsel claim at sentencing to state courts. The court held that it was unclear whether Arizona law would bar the claim in a second postconviction petition.
The Ninth Circuit granted a stay and abeyance to allow a death row inmate to present an ineffective assistance of counsel claim at sentencing to state court. The court held that it is unclear whether Arizona procedural rules bar such a claim in a second post-conviction petition.
The Fifth Circuit vacated a district court's denial of a prisoner's Rule 60(b) motion because the motion functioned as an unauthorized successive habeas petition. The court held that the prisoner's claims did not allege a defect in the integrity of the prior proceedings, which is the only exception to the bar on successive petitions.
The Fourth Circuit dismissed an appeal challenging a district court's denial of bail and other procedural rulings in a habeas corpus case. The court found the petitioner failed to make a substantial showing that his constitutional claims were debatable and that the remaining issues were not immediately appealable.
The Fourth Circuit dismissed Deanna Sharp's appeal from a district court order denying her habeas petition because she filed her notice of appeal past the mandatory thirty-day deadline. The court held that strict adherence to the filing period is a jurisdictional requirement, leaving the appellate court without authority to hear the case.
The Fourth Circuit dismissed Deon Turner's appeal because the district court's order denying his motion to disqualify the judge was not a final judgment. The appellate court lacks jurisdiction to review non-final orders absent specific statutory exceptions.
The Fourth Circuit dismissed an appeal from a district court's dismissal of a habeas petition because the petitioner failed to file specific objections to the magistrate judge's recommendation. This procedural default bars appellate review of the underlying claim's merits, leaving the district court's order in effect.
The Fourth Circuit denied a certificate of appealability and dismissed Kevin M. Lydon's appeal because he failed to demonstrate that the district court's procedural dismissal was debatable. Consequently, the prisoner is barred from further appellate review of the untimeliness ruling.