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Constitutional

Every decision we've filed under Constitutional.

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Mar 13 2026
3rd Cir. 22-2237 Panel Decision

Keith Whitmore v. Superintendent Forest SCI; The District Attorney of the County of Philadelphia; The Attorney General of the Commonwealth of PA

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.

Constitutional Habeas Corpus - State Prisoner (28 USC 2254) Sixth Amendment - Right to Counsel
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Mar 12 2026
10th Cir. 26-6035 Panel Decision

In re ROBERT G. JOHNSON

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).

Constitutional Habeas Corpus - State Prisoner (28 USC 2254)
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Mar 12 2026
3rd Cir. 2:22-cr-00135-002 Panel Decision

UNITED STATES OF AMERICA v. NIKEEM LEACH-HILTON

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.

Constitutional Guidelines Departure Habeas Corpus - Federal Prisoner (28 USC 2255) Sentencing Guidelines
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Mar 12 2026
9th Cir. 3:20-cv-00322-ART-CLB Unpublished

THOMAS JUSTIN SJOBERG v. JOHN HENLEY; CHARLES DANIELS; Mr. AARON DARNELL FORD Esquire

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.

Constitutional Fifth Amendment - Self-Incrimination Habeas Corpus - State Prisoner (28 USC 2254) Sixth Amendment - Ineffective Assistance of Counsel
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Mar 11 2026
11th Cir. 1:25-cv-04706-ELR Per Curiam

AHMED I. ISSA v. WARDEN, SMITH STATE PRISON CHARLES MEEMS

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.

Constitutional Habeas Corpus - General (28 USC 2241)
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