Topic
Every decision we've filed under Constitutional.
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).
The Third Circuit affirmed a 219-month prison sentence for federal carjacking and firearm charges, rejecting the appellant's challenges based on a binding appellate waiver. The court held that while an ineffective assistance of counsel claim was not barred by the waiver, it could not be adjudicated on direct appeal and must be pursued in a collateral proceeding.
The Ninth Circuit reversed a district court's grant of habeas relief, holding that the Nevada Court of Appeals' rejection of an ineffective assistance of counsel claim was not objectively unreasonable. The appellate court found that state counsel's decision not to file a motion to suppress was a reasonable strategic choice given the high likelihood of failure and the benefits of the plea agreement.
The Ninth Circuit affirmed the denial of Michael Stephen Combs' federal habeas petition challenging his murder conviction and death sentence. The panel held that the California Supreme Court's silent denial of Combs' ineffective assistance of counsel claims was not an unreasonable application of the Strickland standard.
The Eleventh Circuit dismissed Ahmed Issa's habeas appeal sua sponte because he filed his notice of appeal before the district court adopted the magistrate judge's report and recommendation. The court held that a magistrate's recommendation is not a final judgment until adopted, and a premature appeal cannot be cured by the district court's subsequent action.
The Tenth Circuit enforced a defendant's appeal waiver contained in his plea agreement, dismissing his direct appeal without prejudice. The court clarified that while direct review is barred, the defendant retains the right to seek relief through a collateral proceeding under 28 U.S.C. § 2255.
The Tenth Circuit affirmed the dismissal of a habeas petition, holding that Congress disestablished the Citizen Potawatomi reservation in 1891. The court further ruled that the petitioner waived arguments regarding the land's status as a dependent Indian community or allotment.
The Fifth Circuit dismissed Jason Wayne McBride's appeal as frivolous because he sought free copies of court records while no habeas proceeding was pending. The court clarified that 28 U.S.C. § 2250 only authorizes free copies when a live action is active, but prisoners may still purchase records by contacting the clerk.
The Sixth Circuit affirmed the denial of sovereign immunity, clarifying that the proper defendant in this tax foreclosure dispute is Wayne County, not its Treasurer. Because the plaintiffs sued the county itself, the Treasurer's Eleventh Amendment immunity was irrelevant to the outcome.
The Eleventh Circuit affirmed the denial of Renell Jones's habeas petition, ruling that Florida state courts reasonably applied federal law regarding his Miranda waiver and invocation of counsel. The court held that a detective's mischaracterization of a rights form as a literacy test did not invalidate the waiver, and that Jones's statements regarding an attorney were too equivocal to require police to stop questioning.