Topic
Every decision we've filed under Constitutional.
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 Fourth Circuit affirmed the conviction and sentence of a defendant who pleaded guilty to federal drug distribution offenses. The court held that the defendant's appellate waiver was valid and that his ineffective assistance claim must be raised in a separate motion rather than on direct appeal.
The Fourth Circuit dismissed an appeal from a district court order denying a federal prisoner's motion for relief. The court found it lacked jurisdiction because the district court had not yet resolved all claims raised in the motion.
The United States Court of Appeals for the Fourth Circuit dismissed an appeal filed by a federal prisoner challenging the denial of his habeas corpus motion. The court held that the appellant failed to make a substantial showing of the denial of a constitutional right required to obtain a certificate of appealability.
The Fourth Circuit dismissed an appeal from a district court order that barred a state prisoner's habeas petition as time barred. The court found the appellant failed to make the requisite showing for a certificate of appealability.
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.