Topic
Every decision we've filed under Habeas Corpus - State Prisoner (28 USC 2254).
The Second Circuit held that proceeding to trial without a competency inquiry was objectively unreasonable given the petitioner's cyclical history of incompetence. The court reversed the district court's denial of habeas relief and remanded with instructions to issue a conditional writ.
The Ninth Circuit affirmed the dismissal of Thomas Creech's third federal habeas petition as a barred second or successive claim. The court held that Creech's Eighth Amendment argument regarding evolving standards of decency was ripe years ago and could have been raised in his prior proceedings.
The Ninth Circuit held that dismissing a prisoner's first habeas motion because the claims were legally non-cognizable constitutes an adjudication on the merits, barring any later-filed motion on those same grounds as successive. However, the court transferred a claim of ineffective assistance of counsel regarding the first motion to the district court, as that specific claim could not have been raised previously.
The United States Court of Appeals for the Tenth Circuit affirmed the dismissal of a habeas corpus petition filed by a state prisoner. The court held that the prisoner's original state post-conviction application was not properly filed because it lacked the required sworn statement from the applicant regarding facts within his personal knowledge.