Topic
Every decision we've filed under Habeas Corpus - State Prisoner (28 USC 2254).
The Fourth Circuit remanded a habeas case to determine if a late notice of appeal should be excused because the petitioner claimed he never received notice of the district court's judgment. The court treated the petitioner's letter as a motion to reopen the appeal period under Federal Rule of Appellate Procedure 4(a)(6).
The Fifth Circuit vacated a district court's denial of a prisoner's Rule 60(b) motion because the motion functioned as an unauthorized successive habeas petition. The court held that the prisoner's claims did not allege a defect in the integrity of the prior proceedings, which is the only exception to the bar on successive petitions.
The Fourth Circuit dismissed an appeal challenging a district court's denial of bail and other procedural rulings in a habeas corpus case. The court found the petitioner failed to make a substantial showing that his constitutional claims were debatable and that the remaining issues were not immediately appealable.
The United States Court of Appeals for the Fourth Circuit dismissed an appeal filed by a state prisoner seeking to challenge a district court order. The court held that the order denying a motion to disqualify a judge was not a final or appealable interlocutory order.
The Ninth Circuit denied a petition for rehearing en banc in a habeas corpus case involving a death row inmate. Judges Berzon and Bybee wrote that the panel correctly applied the narrow exception in Martinez v. Ryan to an unusual record where initial postconviction counsel error precluded future claims.
The Ninth Circuit reversed a district court's grant of habeas corpus relief, holding that the California Supreme Court reasonably concluded that trial counsel's performance was not deficient and did not prejudice the defendant. The panel remanded the case for the district court to consider Scott's remaining claims while affirming the denial of relief on the guilt-phase ineffective assistance of counsel claim.
The First Circuit affirmed the dismissal of a habeas corpus petition filed by a deported individual, holding that federal jurisdiction under 28 U.S.C. § 2254 requires the petitioner to be in custody of state authorities at the time of filing. Because the petitioner had been deported to Trinidad and Tobago before filing her claim, she failed to satisfy the statutory custody requirement.
The United States Court of Appeals for the Fourth Circuit denied a certificate of appealability to a state prisoner seeking to challenge a successive habeas petition. The court dismissed the appeal because the petitioner failed to demonstrate that the district court's procedural ruling was debatable or that he made a substantial showing of a constitutional right denial.
The United States Court of Appeals for the Fourth Circuit dismissed an appeal filed by a state prisoner seeking to amend his habeas corpus petition. The court found the prisoner failed to demonstrate a substantial showing of the denial of a constitutional right required to obtain a certificate of appealability.
The Fourth Circuit dismissed a prisoner's appeal because he failed to obtain a certificate of appealability. The court held that the prisoner did not make a substantial showing that reasonable jurists could find the district court's procedural ruling debatable or wrong.