Topic
Every decision we've filed under Constitutional.
The Fourth Circuit affirmed the denial of a habeas corpus petition because the petitioner failed to file specific objections to the magistrate judge's recommendation. This failure to object resulted in a forfeiture of the right to appellate review of the substantive recommendation.
The Fourth Circuit dismissed an appeal because the prisoner failed to obtain a required certificate of appealability. The court found that the appellant did not make the necessary showing that his constitutional rights were debatably denied.
The Fourth Circuit denied a certificate of appealability for John Cox's attempt to challenge the timeliness of his habeas petition. The court found that Cox failed to make a substantial showing that the district court's procedural ruling was debatable or that he was denied a constitutional right.
The Tenth Circuit affirmed the denial of Marlon Alonzo Smith's motions for the appointment of counsel, ruling that his underlying Rule 60(b) motions were effectively unauthorized successive habeas petitions. Because the district court lacked jurisdiction to hear those motions, the request for counsel to assist with them was rendered moot.
The Fifth Circuit affirmed Desmonte Dwayne Leonard's conviction for felon-in-possession of a firearm, ruling that his facial Second Amendment challenge is foreclosed by binding precedent. The court granted the government's motion for summary affirmance, citing United States v. Diaz as controlling authority.
The Fifth Circuit affirmed the district court's judgment while declining to review a defendant's claim of ineffective assistance of counsel regarding a safety valve reduction. The court held that while the claim was not barred by issue preclusion, it could not be adjudicated on direct appeal due to insufficient record detail.
The Eleventh Circuit affirmed Joshua Cobb's convictions for drug and firearm offenses, rejecting his claim that the district court erred by failing to inquire into a conflict of interest. The court held that a defendant must demonstrate an actual conflict that negatively affected counsel's performance to warrant reversal.
The Third Circuit reversed the denial of a federal habeas petition and remanded the case for an evidentiary hearing on an ineffective assistance of counsel claim. The court held that the state court unreasonably applied federal law by denying a hearing without first allowing the petitioner to prove allegations that trial counsel failed to investigate a biased critical witness.
The Sixth Circuit affirmed the denial of Scot Gaither's federal habeas petition, ruling that his waiver of appellate counsel was knowing and intelligent. The court also held that his claim of ineffective assistance of trial counsel was procedurally defaulted and lacked merit.
The Tenth Circuit denied Robert G. Johnson's request to file a second or successive habeas petition because the evidence he presented was identical to evidence previously rejected by the court. The court reaffirmed that Johnson failed to make the required prima facie showing of newly discovered exculpatory evidence under 28 U.S.C. § 2244(b)(2)(B).