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SCOTUS Adds Extra Obstacle to Federal Habeas Relief for State Prisoners, Ruling Both Brecht and the AEDPA Must Be Satisfied
by Dale Chappell
Citing the need to respect the finality of state convictions, the Supreme Court of the United States (“SCOTUS”) held on April 21, 2022, that a constitutional trial error that’s found to be “substantial and injurious” under Brecht on the verdict must also clear the Antiterrorism and Effective ...
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More from this issue:
- A House Built on Discriminatory Sand, by Anthony Accurso
- Jury Nullification: The People’s Tool Against Bad Laws and Bad Legal Actors, by J.D. Schmidt
- New RECOVER Fingerprint Technology Used to Solve 1983 Cold Case, by Casey Bastian
- Federal Habeas Corpus: Post-Filing Procedures in Seeking Habeas Relief, by Dale Chappell
- Excited Delirium—the Diagnosis That Doesn’t Exist, by Brooke Kaufman
- New York Court of Appeals: Frye Hearing Required to Determine Admissibility of DNA Evidence Generated by Proprietary Forensic Statistical Tool, by Douglas Ankney
- Use of Controversial Phone-Cracking Tool Is Spreading Across Federal Government, by Sam Biddle, Mara Hvistendahl
- California Court of Appeal: Trial Court Must Receive Parole Agency’s Written Report Before Ruling on Parole Revocation Petition for Lifetime Parolee Despite Remand to Prison Being Mandatory, by Douglas Ankney
- Michigan Supreme Court: IAC Where Defense Counsel Failed to Request Instruction on Defense-of-Others for Nonassaultive Offense of Home Invasion, Orders New Trial, by David Reutter
- Maine Now Requires Criminal Conviction Before Property May Be Forfeited, by Douglas Ankney
- West Virginia Supreme Court: Defendant Who Provided False Information to Detective Who Failed to Identify Himself as Police Officer Has No Duty to Cure False Statement Upon Learning Detective Is a Police Officer, by Douglas Ankney
- Tenth Circuit: Judgment of Conviction Becomes Final for § 2255 SOL Purposes Upon Conclusion of Direct Review of Deferred Restitution, by Douglas Ankney
- New Hampshire Supreme Court: Warrant Required to Enter Walled-In Porch Attached to Mobile Home, by Anthony Accurso
- Second Circuit: Multi-Object Drug Conspiracy Involving Crack and Other Drugs Eligible for First Step Act Relief, by Dale Chappell
- Sixth Circuit: No Abuse of Discretion in U.S. District Courts Imposing Habeas Remedy Different Than That Required Under State Law, by Dale Chappell
- Book Review: ‘The PLRA Handbook: Law and Practice Under the Prison Litigation Reform Act’ by John Boston, by Matthew Clarke
- SCOTUS Announces § 1983 Malicious Prosecution Claim’s ‘Favorable Determination’ Requirement Satisfied by Showing Prosecution Ended Without a Conviction, by Richard Resch
- Minnesota Supreme Court: Depraved-Mind Murder Requires Mental State of Generalized Indifference to Human Life, Which Cannot Exist Where Defendant Kills With Particularity, by Douglas Ankney
- Sixth Circuit: Evidence Withheld by Prosecutor Opens Door for Successive Habeas Petition, by Dale Chappell
- Martinsville Seven Pardoned 70 Years After Execution, by Anthony Accurso
- SCOTUS Adds Extra Obstacle to Federal Habeas Relief for State Prisoners, Ruling Both Brecht and the AEDPA Must Be Satisfied, by Dale Chappell
- Pennsylvania Supreme Court Announces Smell of Marijuana Alone No Longer Establishes Probable Cause to Conduct Warrantless Vehicle Search, by Douglas Ankney
- ABA Says Oregon Needs 1,296 More Public Defenders, by Mark Wilson
- New Yorkers With Criminal Record Struggle for Approval to Rent Homes, by Ashleigh Dye
- Idaho Supreme Court Announces Prospectively Testimony by Drug Recognition Expert Requires State to Comply With Expert Witness Disclosure Requirements of Rule 16(b)(7), by Douglas Ankney
- Filmmaker Got Back His $69,000 ‘Stolen’ by DEA Agent, Plus a $15,000 Settlement, by Harold Hempstead
- California Court of Appeal: Trial Court’s Dismissal of Charge Based on Express Statement of ‘Insufficient Evidence’ Is Equivalent to Acquittal for § 1170.95 Resentencing, by Douglas Ankney
- When Your Criminal Case Is Dropped, But Your Mugshot Lives Forever, by Julie Levitch
- First Study of Police De-Escalation Training Shows Impressive Results, by Douglas Ankney
- News in Brief
- Costs of Untested Rape Kits, by Jayson Hawkins
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:
- Federal Habeas Corpus for State Prisoners: Proving Unreasonableness Under AEDPA, Feb. 1, 2025. AEDPA, Procedural Reasonableness, Reasonableness of Sentence.
- Kansas Supreme Court Announces Complete and Wrongful Denial of Defendant’s Constitutional Right to Testify Constitutes ‘Structural Error’ and Reverses Convictions Where Defendant Removed From Stand and Entire Testimony Stricken, Oct. 1, 2024. Procedural Default/Error, Right to Testify, Right to Testify/Remain Silent.
- Eleventh Circuit Reverses District Court’s Grant of Habeas Relief, Notes It’s ‘Murky on When Putting Two Suspects in a Room Together Qualifies as Interrogation Under Miranda’, July 15, 2024. AEDPA, Miranda, Custodial Interrogations, Minors, Use of, Interrogation.
- Sixth Circuit Grants Habeas Relief on Ineffective Assistance of Counsel and Batson Claims, July 15, 2024. AEDPA, Batson Claims, Failure to Consult/Investigate/Raise.
- Retraction: ‘Federal Habeas Corpus: The Savings Clause Remedy for Federal Prisoners’ by Dale Chappell, May 15, 2024. Habeas Corpus, AEDPA.
- The Death of the Savings Clause, May 15, 2024. Habeas Corpus, AEDPA.
- Federal Habeas Corpus: Understanding Second or Successive Petitions for State Prisoners, April 15, 2024. Resources, Habeas Corpus, AEDPA.
- Seventh Circuit Orders District Court to Hold Evidentiary Hearing Where Record Insufficient to Permit Review of State Prisoner’s Section 2254 Habeas Petition Alleging Ineffective Assistance of Counsel, March 15, 2024. Habeas Corpus, AEDPA, Sentence and Judgement, Failure to Consult/Investigate/Raise.
- Third Circuit: Defense Counsel Ineffective Under Strickland Where Counsel Sat Silent After Judge Threatened to Charge Witness With Perjury Unless Testimony Changed, Feb. 15, 2024. AEDPA, False Statements/Perjury, Strickland Standard, Strickland v. Washington, Failure to Object/Late Objections.
- Fifth Circuit Affirms Habeas Relief Granted to Capital Defendant Where Counsel Failed to Impeach State’s Pivotal Wit-ness with Available Forensic Evidence, Jan. 15, 2024. AEDPA, Effective Assistance of Counsel, Counsel - Effective Assistance of, Strickland Standard, Identification Documents/Evidence, Failure to Consult/Investigate/Raise, Trial Strategy, Strickland v. Washington.
