Topic
Every decision we've filed under Constitutional.
The Fourth Circuit vacated and remanded a district court order because the defendant filed a second or successive habeas petition without first obtaining appellate authorization. The court held that the district court lacked jurisdiction to consider the motion and denied the request to file the successive petition.
The Fourth Circuit Court of Appeals dismissed an appeal from a federal prisoner's 28 U.S.C. § 2255 motion because the appellant failed to obtain a certificate of appealability. The court found that Holt did not make a substantial showing that the district court denied a constitutional right.
The Tenth Circuit affirmed the denial of a second-or-successive habeas motion, ruling that a defendant's collateral-attack waiver barred his challenge to a § 924(c) conviction. The court further held that the defendant failed to prove the sentencing court relied on the now-invalid residual clause of the statute.
The Tenth Circuit affirmed Kyle Aguilar's convictions for two counts of Abusive Sexual Contact in Indian Country, ruling that the statute treats touching different body parts as separate criminal acts. The court further held that the victim's testimony provided sufficient evidence for a jury to infer the defendant's intent to gratify his sexual desire.
The Ninth Circuit affirmed the denial of a state prisoner's habeas petition, ruling that his request to represent himself was made too close to trial to be considered timely under federal law. The court held that the California Court of Appeal reasonably applied Supreme Court precedent by finding the request untimely when made on the eve of trial.
The Tenth Circuit granted counsel's motion to withdraw and dismissed the defendant's direct criminal appeal after an independent review found no arguable grounds for relief. The court concluded that procedural failures barred a suppression claim and that an ineffective assistance claim was improperly raised on direct appeal.
The Tenth Circuit denied Deandre Bethel a certificate of appealability because his attempt to add a Fourth Amendment claim via a Rule 60(b) motion constituted an unauthorized second or successive habeas petition. The court held that the motion substantively challenged the validity of his conviction rather than addressing a procedural defect in the habeas proceedings themselves.
The Tenth Circuit denied Maurice Moore's application to file a second or successive habeas corpus petition because he failed to meet the strict statutory requirements of the Antiterrorism and Effective Death Penalty Act. The court held that Moore's claims did not rely on a new retroactive rule of constitutional law nor did they present previously undiscoverable facts establishing actual innocence.
The Tenth Circuit Court of Appeals denied a certificate of appealability for Vincent H. Small's federal habeas petition challenging his state conviction for lewd molestation. The court held that no reasonable jurist could debate the state court's determination that the evidence was sufficient to support the conviction.
The Third Circuit summarily affirmed the denial of Nathaniel Coleman's petition for a writ of error coram nobis, ruling that his appeal failed to present a substantial question. The court held that Coleman could not use the writ to bypass the strict standards required for filing a second or successive habeas motion.