Mar 17 2026
10th Cir. 4:24-CV-00489-SEH-MTS Panel Decision

ERIC FERNANDEZ v. DAVID ROGERS, Interim Warden

The Tenth Circuit denied a certificate of appealability and dismissed Eric Fernandez's federal habeas petition because it was filed after the one-year statute of limitations expired. The court held that Fernandez failed to exercise due diligence in discovering that his counsel had not filed a necessary motion to withdraw his plea, which triggered the finality of his conviction.

Mar 16 2026
11th Cir. 6:24-cr-00136-PGB-RMN-1 Per Curiam

United States v. Cobb

The Eleventh Circuit affirmed Joshua Cobb's convictions for drug and firearm offenses, rejecting his claim that the district court erred by failing to inquire into a conflict of interest. The court held that a defendant must demonstrate an actual conflict that negatively affected counsel's performance to warrant reversal.

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.

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).

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9th Cir. 3:20-cv-00322-ART-CLB Unpublished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.