by Dale Chappell
Prisoners get just one year to file a habeas petition in federal court after their direct appeals have been exhausted. Montana prisoners, though, have two avenues to challenge their sentence. On May 6, 2021, the U.S. Court of Appeals for the Ninth Circuit held that while challenging ...
by Dale Chappell
The Supreme Court of Kansas upheld the dismissal of a defendant’s convictions after the district court found several instances of ineffective assistance of counsel (“IAC”), including an actual conflict of interest and the State’s failure to preserve an issue for appeal, forfeiting that issue.
After Emmanuel Ellie ...
by Dale Chappell
In a case that received much attention in the compassionate release arena, the U.S. Court of Appeals for the Tenth Circuit held on April 1, 2021, that it is ultimately the district court that holds the authority to determine what would amount to “extraordinary and compelling reasons” ...
by Dale Chappell
Winning in federal habeas corpus comes down to whether the record either supports or forecloses your claims. Your goal is to develop the record with arguments and evidence that are not in the current criminal record and that show you are entitled to relief. The government’s goal ...
by Dale Chappell
The U.S. Court of Appeals for the Eleventh Circuit rejected the state of Florida’s push for a 30-day time limit for amended state postconviction motions, holding on March 25, 2021, that an amended postconviction motion that is accepted by the state court as timely filed tolls the ...
by Dale Chappell
Joining five other circuits, the U.S. Court of Appeals for the Ninth Circuit held on April 8, 2021, that U.S. Sentencing Guidelines Manual § 1B1.13 does not apply to compassionate release motions filed by prisoners under recently amended 18 U.S.C. § 3582(c)(1)(A) and that district courts are ...
by Dale Chappell
The U.S. Court of Appeals for the Sixth Circuit held that the state courts’ application of Ohio Rules of Evidence 606(B) constituted constitutional error, providing an avenue for federal habeas corpus relief.
After Abulay Nian was convicted of rape in an Ohio court, he moved for a ...
by Dale Chappell
It’s called “direct collateral review,” and it’s quickly becoming a way for state prisoners to get around the obstacles and roadblocks to receiving habeas relief in federal court. Never heard of it? Read on.
During the 1950s and 1960s, the Supreme Court of the United States (“SCOTUS”) ...
by Dale Chappell
Concluding that counsel’s trial strategy of introducing a child victim’s interview with police “extremely damaging” to the defense, the Supreme Judicial Court of Maine ruled that counsel was ineffective and vacated the trial court’s denial of postconviction relief.
Benjamin Hodgdon was a teacher in Hancock County when ...
by Dale Chappell
In a case without oral argument, the Supreme Court of the United States (“SCOTUS”) summarily reversed the grant of a new trial to a state prisoner on March 29, 2021, and held that a federal court must consider the entire record of the state case when determining ...
