×
You've used up your 3 free articles for this month. Subscribe today.
Eighth Circuit: Teague Analysis Bars Retroactive Application of Padilla Ineffective Assistance of Counsel Claim
by Christopher Zoukis
The United States Court of Appeals for the Eighth Circuit ruled that Teague v. Lane, 489 U.S. 288 (1989), which bars retroactive application of new rules of criminal procedure on collateral review, applies to claims brought pursuant to Padilla v. Kentucky, 559 U.S. 356 (2010), which ruled ...
Full article and associated cases available to subscribers.
As a digital subscriber to Criminal Legal News, you can access full text and downloads for this and other premium content.
Already a subscriber? Login
More from this issue:
- Parallel Construction: Building Criminal Cases Using Secret, Unconstitutional Surveillance
- New York Times Investigation Spotlights NYPD Practice of ‘Testilying’, by Derek Gilna
- New Washington State Law Removes ‘Actual Malice’ Roadblock in Police Prosecutions, by Derek Gilna
- Arizona Supreme Court Announces Defendants May Claim Both Self-Defense and Misidentification, by Richard Resch
- Iowa Supreme Court Announces Indecent Exposure Statute Does Not Apply to Still Images of Genitals, by Dale Chappell
- $175,000 Settlement Reached in Lawsuit Alleging Officers Literally Tried to Feed Graffiti Suspects to K-9s, by Christopher Zoukis
- New Jersey Supreme Court Interprets Criminal Harassment Statute to Avoid First Amendment Problem, by Christopher Zoukis
- Prosecutors’ Offices Taking Thousands in Grant Money, Fueling Crackdown on Sex Buyers, by Steve Horn
- $325,000 Paid by Sheriff’s Office to Settle Fatal Shooting Case Over Not Wearing Seat Belt, by Derek Gilna
- Privacy Advocates Concerned About Google AI and Pentagon Drone Surveillance, by Derek Gilna
- Intellectual Disability and Wrongful Conviction in Death Cases: A Lethal Combination, by David Reutter
- Philadelphia Tests Automating the Bail Risk Assessment Process, by David Reutter
- Eighth Circuit: Teague Analysis Bars Retroactive Application of Padilla Ineffective Assistance of Counsel Claim, by Christopher Zoukis
- The ‘Office Shuffle’: Ohio Police Recycle Bad Apples Among Rural Departments, by Matthew Clarke
- Former Civil Rights Lawyer Krasner Puts Justice Reform into Practice as New Philly DA, by Derek Gilna
- Mississippi Supreme Court Reverses Conviction Ruling; State Failed to Prove ‘Constructive Possession’ of Marijuana, by Dale Chappell
- Sixth Circuit Denies Qualified Immunity for Officers in No-Knock Home Entry Case, by Richard Resch
- Sentencing Court’s Grant of Prior Custody Credit was Not ‘Clear Error’ to Allow for Removal, by Dale Chappell
- NYU Students Form Dollar Bail Brigade to Help Free New Yorkers Held on $1 Bail, by Christopher Zoukis
- Illinois Supreme Court Strikes Down Part of Two Stalking Statutes as Unconstitutional, by Richard Resch
- Texas District Attorney Stops Prosecuting Trace Drug Cases
- Trenton Police Officers’ ‘Violent’ Comments Captured on Body Camera, by Derek Gilna
- Kansas Supreme Court Rules Grant of ‘Use’ Immunity Insufficient to Compel Testimony, by Richard Resch
- Massachusetts High Court Vacates Felony-Murder Conviction for Failure to Suppress Cellphone Search, by Christopher Zoukis
- Study: Unionized Police? Increased Misconduct, by Derek Gilna
- Utah Supreme Court Changes Course on Admissibility of Preliminary Hearing Testimony at Trial, by Christopher Zoukis
- 9th Circuit: District Court Improperly Deferred to Nevada Supreme Court in AEDPA Analysis, by David Reutter
- California Supreme Court Grants Habeas Petition and Vacates Capital Murder Conviction Due to False Expert Testimony at Trial, by Richard Resch
- Controversial Police Interrogation Technique That Often Results in False Confessions Abandoned by Influential Training Consultant, by Matthew Clarke
- $42 Million Paid Out in Decade of New Jersey Police Criminality, Abuse
- First Circuit Modifies Emergency Aid Doctrine for Warrantless Entry of a Home, by Richard Resch
- Texas Quietly Authorizes Nation’s First Public Safety Employees Treatment Courts, by Matthew Clarke
- Kansas Supreme Court Nixes Probation After Full Sentence of Confinement Served, by Edward Lyon
- Eleventh Circuit Holds Court May Not Dismiss 2255 Motion by Invoking Collateral Attack Waiver Sua Sponte, by Dale Chappell
- $300,000 Settlement in Suit Over Death of Intoxicated Man Abandoned by Deputies, by Matthew Clarke
- Wisconsin’s 6,000-plus Untested Rape Kits Include Over 2,000 Involving Child Victims, by Matthew Clarke
- Texas Court of Criminal Appeals: Furtive Gestures, Brief Visit Not Probable Cause, by Dale Chappell
- Qualified Immunity: The Supreme Court’s Unlawful Assault on Civil Rights and Police Accountability, by Jay Schweikert
- Asset Forfeitures Fund New York DA’s Office Bonuses
- U.S. District Court in Georgia Holds Spousal Testimonial Privilege Applies to Pre-Marital Events
- N.C. Supreme Court Rules Deficient Indictment Not Jurisdictional and Issue Can’t be Raised for First Time on Appeal, by Dale Chappell
- The Sex Offender Registry: It’s Not What You Think, by Sandy Rozek
- Congressional Spending Bill Provision ‘Clouds’ Constitutional Rights in Criminal Probes, by Steve Horn
- Seventh Circuit Finds Plain Error Where Guilty Plea Accepted Without Rule 11 Colloquy, by Christopher Zoukis
- Guilty Plea Does Not Foreclose Challenge To Constitutionality Of Conviction, U.S. Supreme Court Decides, by Brandon Sample
- Texas Court of Criminal Appeals Holds Defendant Entitled to Self-Defense Jury Charge if There is Any Evidence to Support It, by Matthew Clarke
- From the Editor, by Richard Resch
- N.Y.’s Top Court Clarifies Freedom of Information Exemption for Disclosure of Confidential Sources of Information, by Christopher Zoukis
- News in Brief
More from Christopher Zoukis:
- The Contraband Wars Prison authorities target books and mail, miss the goods coming through the staff door, July 1, 2021
- Trump v. Biden on Criminal Justice, Oct. 1, 2020
- Coronavirus in Prison: The Cruel Reality, Aug. 1, 2020
- With Lives of Immigrant Detainees at Risk to COVID-19, Federal Judge Forces ICE’s Hand, July 1, 2020
- A Nation on the Brink, June 15, 2020
- Federal Court Slams Michigan Jail for Bungling COVID-19 Pandemic, Demands Names of Vulnerable Prisoners for Release, June 1, 2020
- Silence: The Bureau of Prisons’ Pathetic Response to the COVID-19 Pandemic, June 1, 2020
- New York Judge Orders Release of 18 Rikers Island Detainees Due to COVID-19 Risk, June 1, 2020
- Coronavirus: A Nationwide Survey of the Push for Early Release as Pandemic Fears Grow, May 1, 2020
- California Three-Judge Court Denies Emergency Motion to Reduce Prison Population During Pandemic, May 1, 2020
More from these topics:
- Eleventh Circuit: Asylee’s Florida Convictions for Marijuana Possession and Lewd and Lascivious Battery Do Not Warrant Removal Under INA, Feb. 1, 2025. Immigration, Enforcement of Immigration Laws, Marijuana Laws/Issues, Assault Weapons, Nationality/National Origin.
- Kentucky Supreme Court Clarifies When Lesser-Included Offense Instruction Must Be Provided, Reverses Convictions Based on Trial Court’s Failure to Properly Instruct Jury, Dec. 15, 2023. Jury Instructions, Criminal Procedure, Fair Trial, Verdicts.
- The EFF Is Tackling Border Towers, Facilitating Research into Impact of Mass Surveillance, Dec. 15, 2023. Immigration, Electronic Surveillance, Immigration Law/Offenses.
- Secret Service and ICE Used Stingray Devices Without Warrants, Watchdog Finds, May 12, 2023. Immigration, Police State-Surveillance, Cell Site Location Information ("CSLI").
- Final Settlement Agreement Approved in COVID-19 Class Action at California Immigration Detention Center, Aug. 1, 2022. COVID-19, Immigration, Class Actions.
- Mississippi Supreme Court: Cannot Declare Mistrial on All Counts After Jury’s Acquittal on Some Counts, Nov. 15, 2020. Criminal Procedure, Fifth Amendment.
- New York City Paid McKinsey & Company Millions for Failed Program to Reduce Jail Violence, April 1, 2020. Contractor Misconduct, Failure to Treat, Excessive Force, Immigration.
- Inside the US Marshals’ Secretive, Deadly Detention Empire, March 3, 2020. Immigration.
- Study Confirms Immigrants Sentenced More Harshly in Non-Immigrant Areas, Feb. 19, 2020. Racial Discrimination, Sentencing, Immigration.
- Federal Judge Allows 'Nationwide' Class-Action Lawsuit Against GEO Over Alleged Forced Labor on Prisoners, Dec. 30, 2019. GEO Group/Wackenhut, Work, Class Certification, Money/Property, Immigration.