by Dale Chappell
After more than two decades behind bars for a murder he didn’t commit, Fred Steese walked into a Las Vegas courtroom on March 1, 2021, to be awarded $1.4 million by the state but no apology. In fact, Steese was forced in 2012 to accept a plea ...
by Dale Chappell
In a case where habeas counsel purposely waited until it was too late to file a federal habeas corpus petition, the U.S. Court of Appeals for the Eleventh Circuit held on March 31, 2021, that counsel’s actions amounted to “abandonment” and allowed equitable tolling to excuse the ...
by Dale Chappell
In a case that numerous federal habeas petitioners have been awaiting, the U.S. Court of Appeals for the Fourth Circuit held on February 23, 2021, that the decision in United States v. Davis, 139 S. Ct. 2319 (2019), is a qualifying retroactive U.S. Supreme Court decision ...
by Dale Chappell
In a case where the lower courts assumed a defendant prevented an alleged victim of domestic violence from appearing at trial as a witness to testify against him, the Texas Court of Criminal Appeals (“TCCA”) held that the introduction of the alleged victim’s statements without her being ...
by Dale Chappell
The U.S. Court of Appeals for the Seventh Circuit affirmed the grant of federal habeas corpus relief to a state prisoner, finding that counsel was ineffective for failing to raise a no-causation defense because of his “fundamental misunderstanding” of a key witness’ testimony at trial.
The case ...
by Dale Chappell
The U.S. Court of Appeals for the Eighth Circuit ruled that the so-called “Martinez exception” should have allowed a procedurally defaulted federal habeas claim of ineffective assistance of state postconviction counsel (“IAPC”) to be heard by the U.S. District Court for the Eastern District of Missouri, ...
by Dale Chappell
You’ve got “one clean shot” atfederal habeas corpus relief, so understanding how to properly file that motion is crucial. There aren’t any “do-overs” in federal habeas corpus, and there are lots of procedural obstacles that can kill your attempt at relief before it ever gets going.
In ...
by Dale Chappell
Citing the First Step Act’s purpose of correcting the racial disparities under the severe crack cocaine sentences handed out for decades, the U.S. Court of Appeals for the District of Columbia held on December 29, 2020, that the U.S. District Court for the District of Columbia’s reasons ...
by Dale Chappell
Settling issues of habeas corpus jurisdiction that have been less than clear in previous cases, the U.S. Court of Appeals for the Seventh Circuit held on February 12, 2021, that a district court retains jurisdiction when a habeas petitioner moves to a prison outside the court’s district ...
by Dale Chappell
The U.S. Court of Appeals for the Fourth Circuit held on January 22, 2021, on a direct appeal, that a total ban on any employment unless authorized by probation was “overly broad” and delegated too much authority to probation, vacating the supervised release condition and remanding for ...
