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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
Loaded on Aug. 1, 2024
by Douglas Ankney
published in Criminal Legal News
August, 2024, page 20
Filed under:
Evidentiary Ruling,
Habeas Corpus,
Ineffective Assistance of Counsel,
Counsel - Effective Assistance of.
Location:
Pennsylvania.
by Douglas Ankney
The U.S. Court of Appeals for the Third Circuit took the unusual step of ordering the U.S. District Court for the Western District of Pennsylvania to hold an evidentiary hearing on state prisoner Khamal Fooks’ 28 U.S.C. § 2254 petition for writ of habeas corpus.
Fooks pleaded guilty ...
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More from this issue:
- Demonstrable Remorse, Psychiatric Diagnoses, and Alternatives to Incarceration, by Casey Bastian
- New Mexico Supreme Court Revises Rules Governing Pretrial Release, by Douglas Ankney
- SCOTUS Announces Existence of Probable Cause for One Charge in Criminal Proceeding Does Not Categorically Defeat Fourth Amendment Malicious-Prosecution Claim Relating to Another Baseless Charge, by Sam Rutherford
- Down with Big Brother: Warrantless Surveillance Makes a Mockery of the Constitution, by Nisha Whitehead, John W. Whitehead
- First Circuit: District Court’s One-Sentence Explanation for 10-Year Upward Departure From Sentencing Guidelines Range Insufficient to Justify Significant Variance, by Sam Rutherford
- After California Cops Kill Someone, They Probe Families for Information on Deceased Before Telling Them Their Loved One Is Dead, by Douglas Ankney
- SCOTUS Clarifies Nieves Exception to Lack of Probable Cause Requirement for First Amendment Retaliatory-Arrest Claim Does Not Require ‘Virtually Identical and Identifiable Comparators’, by Sam Rutherford
- SCOTUS: Jury, Not Judge, Must Determine Whether Defendant’s Prior Offenses Were Committed on ‘Occasions Different From One Another’ for Enhanced Sentence Under Armed Career Criminal Act, by Sam Rutherford
- FBI Encourages Use of Controversial Surveillance Program Despite Misuse, by Jo Ellen Nott
- Texas Man Exonerated by DNA Evidence After 25 Years of Maintaining His Innocence, by Jo Ellen Nott
- 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, by Douglas Ankney
- Nevada Supreme Court Announces District Courts Have No Discretion to Deny Motion to Set Aside Judgment of Conviction Filed by Statutorily Qualified Defendants Under NRS 176A.240(6)(a), by Douglas Ankney
- Don’t Stand Too Close to First Responders Under New Florida Law, by Douglas Ankney
- First Circuit: Sentencing May Not Be Based Upon Unreliable Hearsay Testimony, by Anthony Accurso
- California Supreme Court: Presence in High Crime Area and Desire to Avoid Contact With Police Does Not Amount to Reasonable Suspicion Justifying Detention for Suspected Criminal Activity, by Sam Rutherford
- College and Post-Carceral Job Searches, by Michael Thompson
- Kansas Supreme Court Severs ‘Noisy Conduct’ Law as Unconstitutionally Overbroad, by David Reutter
- Big Money and Massive Surveillance: The Finance Industry’s Partnership With Federal Law Enforcement, by Douglas Ankney
- Researchers Discover Wire-Cutting Evidence Is Too Unreliable for Court, by Douglas Ankney
- For Signal, Privacy Is Not Merely a Buzzword, by Michael Thompson
- Dozens of Prisoners in Colorado Notified About Potential Compromised DNA Evidence
- Minnesota Sex Offender Program: The Indefinite Detention of the Reviled, by Casey Bastian
- Louisiana Supreme Court Finds Prosecution Withheld Favorable Impeachment and Exculpatory Evidence in Violation of Brady, by Matthew Clarke
- Dogs Are Sniffing Out Electronics, by Michael Thompson
- False or Misleading Forensic Evidence Plays an Oversized Role in Wrongful Convictions, by Jo Ellen Nott
- Tenth Circuit: Counsel Advising Black Defendant No Minorities Would Be on Jury Is Material Misrepresentation About Right to Impartial Jury Rendering Guilty Plea Unknowing and Involuntary, by David Reutter
- The Prosecutor and the Snitch Ring, by Jordan Smith, Liliana Segura
- News in Brief
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More from Douglas Ankney:
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- Rikers Island Continues Long Practice of Denying Education to Young Adults, Feb. 15, 2025
- Monterey County Pays $1 Million to Settle Suit Over Detainee Suicide by Toilet Tissue; Wellpath Pays Another Undisclosed Sum, Feb. 15, 2025
- Sixth Circuit Revives Challenge by Kentucky Prisoner Left Three Weeks in “Rancid” Paper Undershorts, Feb. 15, 2025
- California Court of Appeal: Evidence Insufficient to Show Robbery Victim Moved ‘Substantial Distance’ to Support Simple Kidnapping Conviction and Amendments to § 186.22 Require Vacatur of Gang Enhancements, Feb. 15, 2025
- Fourth Circuit Revives Claims Against Virginia Jailers by Detainee They Allegedly Manhandled While Handcuffed, Feb. 15, 2025
- Fourth Circuit Reinstates North Carolina Prisoner’s Failure-to-Protect Claim Against Guard in Stabbing, Feb. 15, 2025
- Minnesota Supreme Court Announces No Duty to Retreat When Using Reasonable Force in Defense of Another and Provides Framework for Analyzing Such Claims, Feb. 1, 2025
- NIJ Partners With Doctor to Develop Better Screening Method to Detect and Identify Drugs Postmortem, Jan. 15, 2025
- Fines and Fees Destroy the Impoverished and Perpetuate Mass Incarceration, Jan. 15, 2025
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.
- 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.
- Federal Facial Recognition Technology Fails Again, Feb. 1, 2025. Computer Searches, Evidentiary Ruling, Forensic Sciences.
- 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.
- 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.
- 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.