Topic
Every decision we've filed under Constitutional.
The Fourth Circuit denied Edward Dane Jeffus's petition for a writ of mandamus because the underlying dispute was already resolved by the district court. The appellate court found no live controversy remained to justify judicial intervention.
The Eleventh Circuit dismissed the appeal sua sponte because the petitioner's notice of appeal was filed two days after the statutory deadline. The court lacks jurisdiction to review the district court's denial of the § 2255 motion due to this untimeliness.
The Tenth Circuit dismissed Marlon DeWayne Martin's appeal of his child sex trafficking sentence because he signed a plea agreement containing an enforceable waiver of appellate rights. The court found the waiver covered the specific claim raised and that enforcing it would not result in a miscarriage of justice.
The Tenth Circuit dismissed Marlon Alonzo Smith's appeal because he failed to obtain a required certificate of appealability. The court held that Smith's motion to update his presentence report was an unauthorized second or successive habeas petition that the district court lacked jurisdiction to hear.
The Tenth Circuit denied Matthew Hollenbeck's request to file a second or successive habeas corpus petition because the legal authorities he relied upon were already available when his first petition was filed. The court held that these authorities did not constitute a new rule of constitutional law made retroactive by the Supreme Court.
The Third Circuit affirmed the denial of a § 2255 motion challenging an asylee's convictions for perjury and immigration fraud based on false oral statements. The court held that while the immigration fraud statute does not apply to oral statements, the appellant failed to preserve this specific challenge for direct appeal, and thus no plain error existed to warrant relief.
The Seventh Circuit affirmed the denial of Chong Lee's habeas corpus petition, holding that while the State of Wisconsin likely violated his due process rights by failing to disclose and intentionally destroying evidence, the state court's chosen remedy was not an unreasonable application of federal law. The court emphasized that although the State's conduct undermined foundational justice principles, the petitioner failed to meet the high bar required under AEDPA to overturn the state court's decision.
The Fourth Circuit vacated and remanded a district court's dismissal of a habeas petition, clarifying that a final order of removal satisfies the 'in custody' requirement of 28 U.S.C. § 2241 even when a noncitizen is physically confined by state authorities. The court held that the restraint on liberty imposed by a final deportation order is sufficient to confer federal habeas jurisdiction.
The Tenth Circuit dismissed this appeal as moot because the underlying tribal criminal charges against Kandra Amboh concluded with a not guilty verdict. Consequently, no live controversy remained for the federal court to resolve regarding her detention.
The Eleventh Circuit affirmed the denial of a motion to suppress self-incriminating statements made by a public employee during a criminal investigation. The court held that the defendant failed to prove he subjectively believed, or that such a belief was objectively reasonable, that he faced termination for refusing to speak to law enforcement.