Topic
Every decision we've filed under Habeas Corpus - General (28 USC 2241).
The Fourth Circuit vacated a district court dismissal of a federal prisoner's habeas petition regarding First Step Act time credits. The appellate court held that factual disputes over the prisoner's pre-transfer program participation required discovery and a government response before dismissal.
The Sixth Circuit affirmed Douglas Wilmurth's federal conviction and sentence, rejecting his claim that the district court plainly erred in ordering his term consecutive to undischarged state imprisonment. The court further held that the written judgment's search condition for supervised release was substantially identical to the oral pronouncement, leaving no discrepancy to correct.
The Fourth Circuit affirmed the dismissal of a Navy captain's habeas petition challenging his court-martial convictions for attempted sexual offenses against a minor. The court held that the military courts had subject-matter jurisdiction and fully and fairly considered the petitioner's claims regarding conditional intent and treaty-based jurisdiction.
The Tenth Circuit denied a certificate of appealability and dismissed the appeal because the petitioner failed to demonstrate that jurists of reason would find the district court's ruling debatable. The court held that the petitioner lacked the required state custody to maintain a habeas petition under 28 U.S.C. § 2254.
The Tenth Circuit affirmed the denial of counsel and summary judgment on a retaliation claim regarding a threatened job loss. The court reversed summary judgment on a second retaliation claim involving a disciplinary charge, finding that timing and prior practice could support liability despite a finding of guilt.
The United States Court of Appeals for the Eleventh Circuit dismissed this appeal sua sponte for lack of jurisdiction. The court found the petitioner's notice of appeal was untimely because the district court failed to enter a separate judgment.
The D.C. Circuit denied the government's petition for a writ of mandamus. The court found the district court's investigation into the government's actions was an abuse of discretion.
The Tenth Circuit affirmed the denial of a new trial motion but vacated a sentence enhanced based on the defendant's status as a police officer. The court held that professional status is not a valid statutory factor for upward sentencing adjustments under 18 U.S.C. § 3553(a).
The Tenth Circuit denied Scott William Wyban a certificate of appealability, ruling that his ineffective assistance of counsel claims lacked substantial grounds for relief. The court affirmed the district court's denial of his habeas petition, finding that trial counsel's strategic decisions were within the wide range of professionally competent assistance.
The United States Court of Appeals for the Tenth Circuit denied a petition for a writ of mandamus seeking to compel a district court to rule on pending motions. The court found the petitioner failed to demonstrate a clear right to the relief sought given the duration of the delay.