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Seventh Circuit: State Court Decision Not Entitled to AEDPA Deference Due to Incorrect Legal Standard, Pro Se Habeas Petition Granted Based on Trial Counsel’s Failure to Present Expert Witness on Determinative Issue of Guilt Resulting in IAC
Loaded on Feb. 15, 2023
by Jacob Barrett
published in Criminal Legal News
March, 2023, page 16
Filed under:
Expert Witnesses,
AEDPA,
Ineffective Assistance of Counsel,
Per se ineffectiveness.
Location:
Indiana.
by Jacob Berrett
The U.S. Court of Appeals for the Seventh Circuit affirmed the U.S. District Court for the Northern District of Indiana’s order granting Dewayne A. Dunn’s petition for habeas corpus based upon ineffective assistance of counsel and prejudice where trial counsel failed to consult a forensic pathologist in ...
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More from this issue:
- They Called 911 for Help. Police and Prosecutors Used a New Junk Science to Decide They Were Liars., by Brett Murphy
- Indiana Supreme Court: Defendant Who Was Both Victim of Crime and Suspect in Unrelated Crime Entitled to Pirtle Warning Prior to Police Asking for Consent to Search Home, by Anthony Accurso
- Federal Habeas Corpus: How to Raise a Fourth Amendment Claim, by Dale Chappell
- Seventh Circuit: State Court Decision Not Entitled to AEDPA Deference Due to Incorrect Legal Standard, Pro Se Habeas Petition Granted Based on Trial Counsel’s Failure to Present Expert Witness on Determinative Issue of Guilt Resulting in IAC, by Jacob Barrett
- Colorado Supreme Court: Police Lacked Reasonable Suspicion for Traffic Stop Based on Alleged Unsafe Lane Change, by Anthony Accurso
- California Court of Appeal: Right to Withdraw Plea 23 Years After Entered Because Counsel Failed to Properly Advise of Immigration Consequences and Defendant Mistakenly Believed Permanent Resident Status Barred Adverse Immigration Consequences, by David Reutter
- California Court of Appeal Affirms Grant of Suppression Motion Where Officer’s Pat Search of Defendant Based on High Crime Area, Baggy Clothes, Criminal Record, and Suspect in Separate Case, by Douglas Ankney
- New Jersey Supreme Court: Edwards Violation When Police Fail to Cease Interrogation After Suspect Makes Ambiguous Invocation of Right to Counsel and ‘Initiates’ Request for Further Communication with Police, by Jacob Barrett
- Missouri Supreme Court: Use of Out-of-Court Statement Admitted at Trial Exceeded Limited Purpose of Exception to Rule Against Hearsay Upon Which It Was Admitted, by Matthew Clarke
- Your Car Knows a Lot About You, and the Police Are Listening, by Michael Thompson
- Ohio Supreme Court: Defendant Has Reasonable and Legitimate Basis to Withdraw Guilty Plea Before Sentencing When He Discovers Evidence That Would Have Affected Decision, by Douglas Ankney
- California Court of Appeal: ‘Actual Killer’ Under Felony-Murder Rule Means Person ‘Who Personally Killed the Victim”, by Harold Hempstead
- Attorney General Garland Orders Federal Prosecutors to End Sentencing Disparities Between Crack and Powder Cocaine, by Matthew Clarke
- Governor of Oregon Leaves Legacy of Reformation While Leaving Office, by Kevin Bliss
- Nevada Supreme Court: Trial Court Erred in Denying Motion to Substitute Counsel Where Ample Evidence Showed Counsel Was Unprepared and Motion Timely, by Harold Hempstead
- Seventh Circuit: Defendant Entitled to Present Entrapment Defense Where ‘Some Evidence’ Exists of Government Inducement and Lack of Predisposition to Commit Crime, by Douglas Ankney
- California Court of Appeal: Trial Court’s Denial of Faretta Request Without Finding of ‘Severe Mental Illness’ Denied Defendant Sixth Amendment Right to Self-Representation, by Matthew Clarke
- Minneapolis Police Department Surveillance Operation Kneels on the Neck of the First Amendment, by Casey Bastian
- Ninth Circuit: No Qualified Immunity for Detective Who Arrested Anti-Police-Slogan Sidewalk Chalkers, but Not Other Chalkers Whose Content Wasn’t Anti-Police, Even Though There Was Probable Cause to Arrest, by Matthew Clarke
- Massachusetts Supreme Court: Commonwealth Failed to Show GPS Monitoring as Condition of Probation Is Constitutional, by Anthony Accurso
- Sixth Circuit Announces Nonretroactive Change in Sentencing Law Is Not an ‘Extraordinary and Compelling Reason’ Warranting a Sentence Reduction under Compassionate Release Statute, by Douglas Ankney
- Oregon Supreme Court: Federal Law Prohibits Elected DA’s Delegation of Wiretap Authority and Overbroad Initial Search Warrant Requires Suppression of Evidence Obtained as Result of Over 20 Subsequent Warrants, by Mark Wilson
- Invasions of Privacy for People on Electronic Monitoring Is a Warning of Worse Things to Come, by Benjamin Tschirhart
- The District of Colombia: Inside the Most Expansive Surveillance Network in America, by Casey Bastian
- Florida Supreme Court Settles Circuit Split, Holding Dual DUI Convictions Regarding Single Victim in Single Incident Violates Double Jeopardy, by David Reutter
- Houston Cop from Fatal Raid Lied in Other Cases, by Jayson Hawkins
- Electronic Freedom Foundation’s Atlas of Surveillance Helps You Watch Those Who Watch Us, by Michael Thompson
- Was the DNA at the Crime Scene Left by the Perpetrator – or by a Pet?, by Douglas Ankney
- New York Police Department Joins Crowdsourced Surveillance Ring Neighbors App, by Michael Thompson
- Registry of Approved Standards Adds Two New 3D Firearm Analysis Standards, by Casey Bastian
- FBI Heist Made Public, by Jayson Hawkins
- New San Francisco Ordinance Allows Police to Access Private Security Cameras, by Kevin Bliss
- Cruel and Unusual: Residency Restrictions Force Registrant to Die Among Strangers, by Eike Blohm, MD
- News in Brief
More from Jacob Barrett:
- $120,000 Settlement Reached With Long Island Detainee Assaulted by Jail Guards, July 15, 2023
- $17.675 Million Paid for New Yorker’s Wrongful Conviction, June 15, 2023
- Eighth Circuit Greenlights Arkansas Execution Protocol, June 15, 2023
- Second Circuit Upholds Connecticut Prison Porn Ban, Sets Up Circuit Split Over “Vagueness” Test, June 15, 2023
- Louisiana Sheriff Coughs Up $2.75 Million After Falsely Claiming Detainee Died From Accidental Fall, June 15, 2023
- Nevada Pays Over $568,000 for Denying Prisoner Cataract Surgery, Ends “One Good Eye” Policy, June 15, 2023
- Corizon Bankruptcy Threatens $6.4 Million Award to Family of Michigan Prisoner Whose Five-Day Jail Term Turned Into Death Sentence, June 1, 2023
- Detainee Allegedly “Eaten Alive” by Vermin in Overcrowded Atlanta Jail, May 1, 2023
- Ninth Circuit: Grievance Policy May Excuse Oregon Prisoner’s Failure to Exhaust Administrative Remedies, May 1, 2023
- Nevada Pays Over $568,000 for Denying Prisoner Cataract Surgery, Ends “One Good Eye” Policy, May 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.
- Ninth Circuit: Defense Counsel Ineffective for Failing to Move to Suppress Evidence Obtained as a Result of Police Officer Trespassing on Curtilage of Defendant’s Home, Feb. 1, 2025. Ineffective Assistance of Counsel, Motions To Suppress, Searches - Home/Curtilage, Suppression.
- Federal Habeas Corpus for State Prisoners: Proving Unreasonableness Under AEDPA, Feb. 1, 2025. AEDPA, Procedural Reasonableness, Reasonableness of Sentence.
- 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.
- Third Circuit Announces Claim of Innocence Does Not Resolve Whether Defendant Would Have Accepted Plea Offer Absent Counsel’s Error and Holds Counsel Ineffective for Failing to Properly Advise Defendant About Mandatory Sentences If Plea Offer Rejected, Dec. 15, 2024. Actual Innocence/Claim of Innocence, Ineffective Assistance of Counsel, Mandatory Minimum Sentence, Plea Agreements/Guilty Pleas, Rejection.
- Delaware Supreme Court: Counsel Ineffective for Failing to Challenge Search of Cellphone Where Consent Was Ambiguous and Warrant Constituted a General Warrant, Nov. 1, 2024. Ineffective Assistance of Counsel, Searches - Cellphones/Computers/Internet, Warrants - Requirements/Scope/Exceptions.
- SCOTUS Clarifies Prejudice Standard Under Strickland for Ineffective Assistance of Counsel Claims at Capital Sentencing, Nov. 1, 2024. Cause and Prejudice, Per se ineffectiveness.
- Arizona Supreme Court Allows Third PCR Motion Based on IAC for Erroneous Advice About Parole Eligibility Due to ‘Pervasive Confusion’ Regarding Parole Within Legal Community, Nov. 1, 2024. Parole, Ineffective Assistance of Counsel, Remands/Rehearings/Resentencings.
- 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.
- Fourth Circuit Vacates Order Denying § 2254 Motion, Remands for Evidentiary Hearing on Whether Counsel’s Failure to Object to Duplicative Drug Conspiracy Counts in Violation of Double Jeopardy Clause Was Strategic, Oct. 1, 2024. Ineffective Assistance of Counsel, Evidentiary Claims, Drug Trafficking Crimes.