Topic
Every decision we've filed under Constitutional.
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 Fourth Circuit Court of Appeals dismissed Ronald Shaw's appeal because he failed to obtain a required certificate of appealability. The court found that Shaw did not make a substantial showing that the district court's denial of his habeas motion was debatable or wrong.
The Sixth Circuit affirmed the dismissal of property owners' takings and conversion claims against a county treasurer, ruling that the official was entitled to sovereign immunity. The court held that because Michigan law compelled the treasurer's actions regarding tax foreclosures and surplus proceeds, he acted as an arm of the State.
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.
The Eleventh Circuit dismissed a habeas appeal because the petitioner 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 order until adopted, and a subsequent adoption cannot cure a premature filing.
The Third Circuit denied William Kaetz's petition for a writ of mandamus seeking to overturn rulings in his federal habeas corpus proceeding. The court characterized Kaetz's arguments as frivolous and clarified that mandamus cannot be used as a substitute for the regular appellate process.
The Third Circuit granted counsel's motion to withdraw under Anders v. California, finding that Dayakar Mallu's appeal presented no nonfrivolous issues. The court affirmed Mallu's conviction and downward-varied sentence based on the enforceability of his valid appellate waiver.
The Sixth Circuit reversed a district court dismissal of a federal habeas petition, holding that a prisoner's motion for a belated appeal under Kentucky law tolls the federal statute of limitations. The court ruled that because the state appeal remained pending under a recognized exception for ineffective assistance of counsel, the one-year federal clock did not run during that period.