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Fourth Circuit Grants ‘SOS’ § 2254 Petition Attacking Three-Decade-Old Murder Conviction Based on New Evidence
by Dale Chappell
The U.S. Court of Appeals for the Fourth Circuit granted permission for a state prisoner to file a second or successive (“SOS”) habeas corpus petition in the federal court to attack a three-decade-old murder conviction based on newly discovered evidence.
On August 23, 1985, a mother of ...
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More from this issue:
- SCOTUS ‘Shadow Docket’ Secretly Pushes Agendas, Issues Major Rulings Without Argument or Public Knowledge, by Dale Chappell
- The Junk Science Cops Use to Decide You’re Lying, by Jordan Smith
- From the Editors
- California Court of Appeal Grants Habeas Relief Over Failure to Instruct Jury on ‘Heat of Passion’, by Dale Chappell
- Attacking the Guilty Plea: The Art of Withdrawing a Guilty Plea, by Dale Chappell
- Fourth Circuit: Releasee Under First Step Act Can’t ‘Bank’ Extra Time Spent in Prison Toward Future Supervised Release Violation, by Dale Chappell
- New Hampshire Supreme Court Announces Defendant Not Required to Identify Evidentiary Support for Noticed Defense, by Douglas Ankney
- Sixth Circuit Reverses District Court’s Grant of Summary Judgment to Defendants in § 1983 Suit Against City and Police Officers, by Douglas Ankney
- Ninth Circuit Clarifies Use of Rule 60(b) for Changes in Law, by Dale Chappell
- Nebraska Supreme Court Announces Remand for New Sentencing Hearing Appropriate Remedy for Enhanced Vehicular Homicide Sentence Without Evidence of Prior Convictions, by Douglas Ankney
- Study Exposes Public Defender Plea Negotiation Practices and Suggests New Negotiation Theory, by David Reutter
- Colorado Supreme Court Announces New Rules for Awarding Presentencing Credit, by Anthony Accurso
- Government Agencies Expand Use of Private Companies to Bypass Constitution, by Casey Bastian
- California Supreme Court Announces New Time Limit for Habeas ‘Appeal’ Stages, Clarifying Tolling for Federal Habeas Petitioners, by Dale Chappell
- Defense Officials: Law Enforcement in Military Garb not Appropriate, by Casey Bastian
- South Carolina Supreme Court: Failure to Give Logan Instruction Not Harmless Error Where Evidence Almost Entirely Circumstantial, by Douglas Ankney
- Justice Sotomayor Raises Due Process Concerns Over Eleventh Circuit’s Use of Published Successive Habeas Denial Orders, by Dale Chappell
- Colorado Supreme Court: Prosecution Prohibited From Arguing Defendant’s Failure to Retreat Showed Lack of Fear, Undermining Claim of Self-Defense, by Douglas Ankney
- Seventh Circuit: District Court Abused Discretion by Denying Relief Without First Considering Recalculations Under First Step Act, by Douglas Ankney
- California Supreme Court Vacates LWOP Sentence After Its Recent Cases Clarifying ‘Special Circumstance’ Murder, by Dale Chappell
- Arizona Supreme Court Announces Cumulative Error Framework for Reviewing Multiple Instances of Prosecutorial Misconduct, by Douglas Ankney
- Indiana Supreme Court: Must Be Immediate Causal Connection Between Confrontation and Other Crime by Defendant to Negate Self-Defense, by Douglas Ankney
- Seventh Circuit: Sentences for ‘Non-Covered’ Offenses Can Also Be Reduced Under First Step Act, by Dale Chappell
- Ninth Circuit: Police Violate Fourth Amendment Executing Administrative Warrant Where Primary Purpose Is Gathering Evidence for Criminal Investigation, by Douglas Ankney
- Interactions Between Diabetics and Law Enforcement Can Become Life-Threatening, by Casey Bastian
- Fourth Circuit Grants ‘SOS’ § 2254 Petition Attacking Three-Decade-Old Murder Conviction Based on New Evidence, by Dale Chappell
- Washington Federal Court: Looking at Lock Phone Screen Requires Warrant, by Anthony Accurso
- North Carolina Supreme Court: Defendant Can’t Be Convicted of Both Habitual Misdemeanor Assault and Felony Assault for Same Act, by Douglas Ankney
- Michigan Supreme Court: Probation Compliance Check During Unlawfully Extended Probation Was Unauthorized Warrantless Search, by Matthew Clarke
- Medical Experts Publish Guidelines on SUDC, by Douglas Ankney
- Successful Alternatives to Armed Police Response, by Edward Lyon
- Tenth Circuit: District Court Plainly Erred in Giving Erroneous Constructive Possession of Firearm Instruction, Conviction Reversed, by Douglas Ankney
- Second Circuit: District Court’s Failure to Offer Explanation for Its Sentence Constitutes Plain Error, by Douglas Ankney
- SCOTUS Goes Live on Camera, by Jayson Hawkins
- Maryland Court of Appeals Announces Reasonableness Standard in Providing Advice of Rights to Non-English Speaking Drivers, by David Reutter
- Seventh Circuit: Rehaif Creates Defense and Invalidates Defendant’s Guilty Plea, by David Reutter
- Chicago’s Police Torture Reparations, by Jayson Hawkins
- New Jersey Supreme Court: Juror Excused After Partial Verdict Requires Mistrial on Remaining Counts, by Dale Chappell
- Policing and Racial Bias, by Kevin Bliss
- How COVID-19 Forces New Releasees Into ‘Survival Mode’, by Dale Chappell
- From Detroit: How Not to Use Facial Recognition in Policing, by Anthony Accurso
- New Colorado Law Kills Qualified Immunity for Cops, by Dale Chappell
- Minnesota Cops Use Contact Tracing to Track Protestor Networks, by Anthony Accurso
- When Police Caught Lying, the Spin Begins, by Edward Lyon
- Minneapolis: Use of Force Against Blacks 7 Times Higher Than That for Whites, by Kevin Bliss
- Risk Assessment Tools Perpetuate Inherent Biases and Prejudices, by Kevin Bliss
- New York Police Act With Impunity During Protests, by Kevin Bliss
- New ‘Barcode’ System Puts DNA Sample to the Authenticity Test, by Anthony Accurso
- Police Violence and the 14th Amendment, by Jayson Hawkins
- Police Unions Buy Their Way Out of Reform, by Kevin Bliss
- News in Brief
- Protecting Your Phone at Protests, by Douglas Ankney
More from Dale Chappell:
- Federal Habeas Corpus for State Prisoners: Proving Unreasonableness Under AEDPA, Feb. 1, 2025
- Federal Court Rules Michigan’s Sex Offender Registration Laws Violate Constitution, Dec. 1, 2024
- Refuting the Government’s Argument Against Nonretroactive Changes in Law as Grounds for Compassionate Release, Oct. 1, 2024
- Federal Habeas Corpus: Getting Around Procedural Default, July 15, 2024
- The Death of the Savings Clause, May 15, 2024
- Federal Habeas Corpus: Understanding Second or Successive Petitions for State Prisoners, April 15, 2024
- Fourth Circuit Reinstates Relief From Death Penalty, Citing State’s Forfeiture of Argument Against Relief, May 15, 2023
- Federal Habeas Corpus: The Evidentiary Hearing for Federal Prisoners, April 15, 2023
- Federal Habeas Corpus: How to Raise a Fourth Amendment Claim, Feb. 15, 2023
- Will Overturning Roe v. Wade Kill the Right to Abortion Under BOP Policy?, Jan. 1, 2023
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.