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Fifth Circuit: Denial of Habeas Petition as Successive Reversed Where Second Petition Challenges a Separate Judgment, by Same Court, Not Covered in First Petition
Loaded on July 16, 2019
by Chad Marks
published in Criminal Legal News
August, 2019, page 16
Filed under:
Habeas Corpus.
Location:
United States of America.
by Chad Marks
In 1991, Steve Vic Parker was convicted in a state court in Texas for unauthorized use of a motor vehicle (“UUMV”) and sentenced to 20 years’ imprisonment. Parker was eventually released from prison on mandatory supervision and returned to prison for violating that supervision.
In 2010, ...
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More from this issue:
- News in Brief
- Record Number of Exonerations Prompts Michigan AG to Create Conviction Integrity Unit, by Douglas Ankney
- $21 Million Settlement for Wrongfully Convicted Man Released After 39 Years in Prison, by Douglas Ankney
- Police, Prosecutor Misconduct Continues Unabated as Evidenced by Record Number of Exonerations in 2018, by Douglas Ankney
- Report: Google Can Track You Even When Your Phone’s Off, by Anthony Accurso
- New York Court of Appeals: Jury Trial Right Attaches to Deportable Crimes Punishable by Less Than Six Months in Jail, by David Reutter
- $270,000 Awarded to Grandmother Brutalized by Pennsylvania Cops, by Edward Lyon
- $1 Million Settlement for NYC Crime Lab Tech Who Blew Whistle on Use of Untested DNA Tests for Decades, by Edward Lyon
- Wisconsin Supreme Court Holds That Statute Doesn’t Require Habeas Petitioner to Plead Timeliness, Overruling Smalley v. Morgan, by Douglas Ankney
- Report Finds Lack of Reporting on Deaths in Law Enforcement Custody, Even After Landmark Legislation, by Steve Horn
- Study Details the Effect of Brain Scan Evidence on Sentencing, by Anthony Accurso
- NYC Program Helps Former Prisoners Realize Their Dream
- ‘They need to be marked for life’, by Sandy Rozek
- The FBI Polices Itself Like Kids Guarding a Candy Store, by Edward Lyon
- Fifth Circuit: Confrontation Clause Violated When Officer’s Testimony Relates Incriminating Information Received From Non-Testifying Informant, by Douglas Ankney
- Eighth Circuit Overlooks Procedural Default, Orders Immediate Release From Excessive ACCA Sentence Based on Prior Sex Offense, by Michael Berk
- New York City’s Bail Success Story, by Bill Barton
- Ninth Circuit: Running From Police Alone Doesn’t Give Rise to Reasonable Suspicion Justifying Stop and Frisk, by Douglas Ankney
- Georgia Supreme Court Announces New Evidence Code Abrogates Categorical Exclusionary Rule of Mallory, by Douglas Ankney
- Under Marsy’s Law, Police Using Violence Can Claim ‘Victim’ Status, by Edward Lyon
- Private Citizens Carrying Guns Commit Fewer Crimes Than Cops, by Douglas Ankney
- Massachusetts Supreme Court: Discharge From Civil Commitment Required When Examiners Conclude Defendant Is Not Sexually Dangerous, by Douglas Ankney
- FAMM, Washington Lawyers’ Committee, NACDL Launch Compassionate Release Clearinghouse
- Seventh Circuit Orders Grant of Successive § 2255 Motion and Resentencing in Pre-Booker Mandatory Guidelines Case Involving Elements Clause’s Definition of ‘Crime of Violence’, by Chad Marks
- West Virginia Supreme Court Announces Parole Eligibility Statute for Prisoners Who Committed Crimes as Minors is Retroactive, by Douglas Ankney
- California Supreme Court: Prop 47 Requires Dismissal of Conviction Based on a Predicate Felony That Is Later Reduced to a Misdemeanor, by Douglas Ankney
- Hawai’i Supreme Court Remands for Resentencing Where Circuit Court Considered Defendant’s Refusal to Admit Guilt in Imposing Consecutive Sentences, by Douglas Ankney
- Maryland Court of Appeals Rules That Courts Must Ask Non Compound ‘Strong Feelings’ Question Upon Request During Voir Dire, by Douglas Ankney
- Fourth Circuit: Cannot Substitute Career Offender Predicate on Collateral Review, by Anthony Accurso
- Court Extends McQuiggin Actual Innocence Exception to Defaulted Legal Claim, Vacates § 924(c) Conviction, by Dale Chappell
- Pennsylvania Supreme Court Holds Consent to Search Does Not Include K-9 Sniff When No K-9 Present When Consent Given and Wait 40 Minutes for Its Arrival, by Dale Chappell
- Fifth Circuit: Plain Error Requiring Resentencing Where Court Didn’t Give Defendant Chance to Speak at Sentencing Hearing and Prospective Allocution Provided Added Details to Lead Reasonable Judge to Reconsider Harsh Sentence, by Michael Berk
- Court Reporters Likely Fail to Accurately Transcribe Testimony for Speakers of ‘African American English’, by Anthony Accurso
- Bucklew v. Precythe, by Michael Avery
- From the Editor: Compassionate Release for Extraordinary and Compelling Reasons, by Richard Resch
- Parole a Detriment to Rehabilitation; ‘Less Is More’ Reform Sensible, by Kevin Bliss
- Minnesota Supreme Court Holds ‘Stalking-by-Mail’ and ‘Mail-Harassment’ Statutes are Facially Overbroad, by Douglas Ankney
- Fifth Circuit: Denial of Habeas Petition as Successive Reversed Where Second Petition Challenges a Separate Judgment, by Same Court, Not Covered in First Petition, by Chad Marks
- ‘DNA Mixtures,’ ‘Touch DNA,’ and Software-Enhanced Forensic DNA Analysis, by Michael Berk
- Sixth Circuit Holds Chalking Car Tires for Parking Enforcement Constitutes a Search Under Fourth Amendment, by Matthew Clarke
- SCOTUS Announces Death of ‘Categorical Approach’ by Invalidating 18 U.S.C. § 924(c)(3)(B) as Unconstitutionally Vague, by Richard Resch
- Massachusetts Supreme Judicial Court: Consent to Search Does Not Attenuate Seized Evidence From Taint of Illegal Search of CSLI, by Douglas Ankney
- Exonerations: From Wrongful Conviction to Release and Beyond, by Edward Lyon
More from Chad Marks:
- Use of Solitary Confinement During Pandemic Detrimental To Prisoners and Not Slowing Spread of COVID-19, May 1, 2021
- COVID-19 Inspired Ban on Prison Visits in Texas Ends, April 1, 2021
- Sequel: Three Additional Federal Executions Before Trump Left Office, March 1, 2021
- Connecticut: Summary Judgment Denied in Deliberate Indifference Case Where Facial Lesion Turned Out To Be Skin Cancer, Nov. 1, 2020
- Ford Foundation President’s Support to Replace Rikers With Other Jails Criticized, Oct. 1, 2020
- Wisconsin: Court Dismisses Prisoners’ Suit Over Asbestos, Mold on Procedural Grounds, Sept. 1, 2020
- New Jersey: Commission Recommends State Take 100 Steps to Improve Re-Entry for Ex-Prisoners, Sept. 1, 2020
- New York: Prisoner Kills Himself After Brutal Beating by Guards, Aug. 1, 2020
- Jury Award $700,000 to Maryland Prisoner Assaulted by Guards, Aug. 1, 2020
- Is the Death Penalty Slowly Dying Across the Nation?, June 15, 2020
More from these topics:
- Third Circuit Grants Habeas Relief to Prisoner on Confrontation Clause and Ineffective Assistance Claims Based on Trial Court Reading Entire Criminal Information Into the Record of Co-Conspirator Who Pleaded Guilty, Feb. 15, 2025. Habeas Corpus, Ineffective Assistance of Counsel, Exculpatory No Doctrine, Confrontation Clause/Rights, Witnesses - Prior Statements/Testimony, Plea Agreements/Guilty Pleas.
- Texas Court of Criminal Appeals Grants Habeas Relief in ‘Shaken Baby Syndrome’ Case, Feb. 1, 2025. junk science, Habeas Corpus, Forensic Sciences, Child Abuse/Abusers, Evidence - Admissibility.
- California Prisoner Awarded Over $1.26 Million in Suit Challenging Withheld Legal Mail Which Resulted in Habeas Loss, Jan. 15, 2025. Settlements, Habeas Corpus, Mail Regulations, Legal Mail.
- Georgia Supreme Court Grants Habeas Relief Where Both Trial and Appellate Counsel Provided Ineffective Assistance by Failing to Challenge Indictment for Residential Burglary That Failed to Allege Defendant Illegally Entered a ‘Dwelling’, Jan. 15, 2025. Habeas Corpus, Ineffective Assistance of Counsel, Constitutional Challenges/Law.
- Ninth Circuit Holds District Courts Have No Authority Under Rule 4 of Rules Governing § 2254 Cases to Dismiss Habeas Petition on the Merits, Dec. 15, 2024. Habeas Corpus, Dismissal, Authority and Jurisdiction.
- Ninth Circuit Grants Habeas Relief to California Prisoner on Napue Claim Because Prosecution Failed to Correct Informant’s False Testimony That He Did Not Receive Any Benefit In Exchange for His Testimony, Dec. 1, 2024. Informants, Habeas Corpus, Informants and Paid Witnesses, False Testimony.
- Public Defender Files Habeas Petitions for Detainees at “Horrific” Baltimore Lockup, Nov. 15, 2024. Failure to Treat, Conditions of Confinement, Hygiene Supplies, Disclosure of Records, Habeas Corpus.
- Ninth Circuit Denies Habeas Relief to Prisoner Who Invoked Fifth Amendment Right to Counsel During Custodial Interrogation but Made Incriminating Statements to Undercover Informant Posing as Fellow Prisoner Because Right to Counsel Not Violated, Nov. 1, 2024. Habeas Corpus, Custodial Interrogations/Statements, Counsel - Right to.
- Georgia Supreme Court Grants Habeas Where Defense Counsel Failed to Understand State Self-Defense Statute Provides Complete Defense to Felony Murder Based on Felon-in-Possession Charge, Oct. 1, 2024. Habeas Corpus, Felon in Possession Statute, Ineffective Assistance of Counsel, Murder/Felony Murder.
- Third Circuit Orders Evidentiary Hearing on State Prisoner’s Petition Seeking Federal Habeas Relief Because Both State and Federal Courts Denied Relief Without Holding Hearing on IAC Claim That, if Proven, Would Entitle Him to Relief, Aug. 1, 2024. Evidentiary Ruling, Habeas Corpus, Ineffective Assistance of Counsel, Counsel - Effective Assistance of.