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Seventh Circuit: Four-Year Delay in Filing Appeal Excused Habeas Exhaustion Requirement Because Any Further Attempts for Postconviction Remedies in State Court Would Have Been Futile
by Dale Chappell
Waiting more than four years for a Wisconsin state court to hear a defendant’s appeal was “ineffective to protect the rights secured by the United States Constitution,” the U.S. Court of Appeals for the Seventh Circuit ruled, allowing a federal habeas corpus petition to proceed without exhausting ...
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More from this issue:
- The Pseudoscientific Practice of Blood Spatter Analysis How the Desire for Convictions Drives Flawed Prosecutions, by Anthony Accurso
- Tennessee County Disproportionately Jails Black Children, and It’s Not Getting Better, by Jacob Barrett
- Digital Tyranny: Beware of the Government’s Push for a Digital Currency, by Nisha Whitehead, John W. Whitehead
- California Court of Appeal: Fifth Amendment Violation Where Police Use Two-Step Interrogation in Deliberate Strategy to Circumvent Miranda, by Richard Resch
- Seventh Circuit: Four-Year Delay in Filing Appeal Excused Habeas Exhaustion Requirement Because Any Further Attempts for Postconviction Remedies in State Court Would Have Been Futile, by Dale Chappell
- Ninth Circuit: IAC for Failure to Engage Mental Health Expert and Testing, State PCR Court’s Decision Contrary to Federal Law and Defective Factfinding, Habeas Relief Granted, by Dale Chappell
- Hawaii Supreme Court: Due Process Violation to Exclude Evidence of Victim’s BAC in Assault Case in Which Defendant Claims Self-Defense, by Matthew Clarke
- Sixth Circuit: Courts May Consider Nonretroactive Change in Law as One of Several Factors for Extraordinary and Compelling Circumstances for Compassionate Release, by Matthew Clarke
- Maryland Court of Appeals Announces Accepting Empaneled Jury Doesn’t Waive Prior Objection to Trial Court’s Refusal to Propound a Voir Dire Question, by Douglas Ankney
- United States Has Four Percent of the Global Population and Over Thirteen Percent of Global Deaths at the Hands of Law Enforcement, by Casey Bastian
- I, Robot, Am The LAW!, by J.D. Schmidt
- Thanks to Homeowner’s Private Security Camera Catching Cops’ Blatant Misconduct, He’s a Free Man, by Douglas Ankney
- SCOTUS Rejects Government’s Interpretation of the ACCA’s ‘Occasions Clause’ That Would Make It Possible to Become ‘a Career Criminal in the Space of a Minute’, by Richard Resch
- Kentucky Supreme Court: Officer’s History of Arresting Defendant on Multiple Occasions Constituted ‘Show of Authority’ That Defendant Was Not Free to Leave, Resulting in Unlawful Terry Stop, by Anthony Accurso
- Connecticut Supreme Court: Trial Court Abused Discretion by Limiting Self-Represented Defendant’s Direct Examination Regarding Risk of Injury to a Child, by Matthew Clarke
- Fifth Circuit Affirms Habeas Relief and New Trial Based on Counsel’s Failure to Interview State’s Key Eyewitness in Murder Case, by Dale Chappell
- Minnesota Supreme Court Announces Confession Must Be Corroborated by Independent Evidence Crime Occurred, Rejects Federal ‘Trustworthiness Standard’ for Corpus Delicti Rule, by Douglas Ankney
- Crushing Whistleblowers, by Jayson Hawkins
- California Court of Appeal Orders New Trial Due to Jurors Considering Potential Penalty During Guilt Phase of Deliberations, by Douglas Ankney
- Colorado Supreme Court Announces Parents’ Income That’s Unavailable to Defendant Who Lives With Them Expense-Free Not Included in Indigency Determination for Court-Appointed Counsel, by Matthew Clarke
- FOIA Request Reveals How the FBI Obtains and Analyzes Cellular Provider Data, by Anthony Accurso
- Vermont Supreme Court: Under Totality of Circumstances, Police Interview of Defendant in Store Parking Lot Was ‘Custodial Interrogation,’ Triggering Requirement for Miranda Warnings, by Anthony Accurso
- Facbook Reminds Police, No Dummy Accounts for Surveillance, by Anthony Accurso
- Government Drones Compromise National Security, yet the NYPD Uses Them, by Ashleigh Dye
- LASD Defends Practice of Stopping Latino Bicyclists, Says People Using Bikes for Transportation Are Generally Criminals, by Douglas Ankney
- News in Brief
- Discredited Narcotics Unit Revamped as Firearms Unit, 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:
- Washington Court of Appeals: No Reimbursement for Community Service Performed for Vacated Conviction, Dec. 15, 2024. Wrongful Conviction, Appeals/Appellate Jurisdiction, Probation, Parole & Supervised Release, Reimbursement of Costs.
- First Circuit Announces Doctrine of Abatement Ab Initio Applies When Defendant Dies During Pendency of Direct Appeal in Published Precedential Ruling, Sept. 1, 2024. Appeals/Appellate Jurisdiction, Doctrine of Abatement, Death Certificate(s).
- Intellectually Disabled Georgia Prisoner Executed After SCOTUS Denies Appeal, Aug. 15, 2024. Disabled Prisoners, Death Penalty, Appeals/Appellate Jurisdiction.
- California Court of Appeal Announces Rulings on Three Issues of First Impression Involving Certificate of Appealability and Habeas Petition, July 15, 2024. Habeas Corpus, Appeals/Appellate Jurisdiction.
- Changes to Appeals of Pretrial Detention Decisions Prompts Illinois Supreme Court to Adopt Changes to Appellate Rules, June 15, 2024. Appeals/Appellate Jurisdiction, Preservation of Appellate Rights/Issues, Court Rules, Bail/Pretrial Release.
- His Appeal Lost for 28 Years, Texas Prisoner Finally Off Death Row, June 1, 2024. Death Penalty, Failure to Treat (Mental Illness), Appeals/Appellate Jurisdiction.
- Second Circuit Revives N.Y. Prisoner’s Suit Over Sing Sing Fire, 11 Other Prisoners Split $220,000 Settlement, Jan. 1, 2024. Failure to Protect (General), Fire Hazards, Administrative Exhaustion (PLRA), Summary Judgment, Evidentiary Ruling, Administrative Exhaustion.
- Florida Prisoners Not Required to File Rulemaking Petition to Satisfy PLRA Exhaustion Requirement, Jan. 1, 2024. Administrative Exhaustion (PLRA), Administrative Exhaustion, RLUIPA, Administrative Procedures Act (State), Right to Grow a Beard.
- Fourth Circuit: Federal Prisoner in North Carolina Making Rehabilitation Act Claim Must Exhaust Both BOP Grievance Process and Justice Department’s EEO Complaint Process, Aug. 15, 2023. Administrative Exhaustion, Grievances, Rehabilitation Act.
- Mississippi Supreme Court: Court of Appeals Improperly Permitted State to Supplement Record on Appeal in Reviewing Habitual Offender Determination, Aug. 1, 2023. Appeals/Appellate Jurisdiction, Sentences - Prior/Unrelated.
