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First Circuit Announces Modification of Juvenile’s Life-­Without-­Parole Sentence to Parole-­Eligible Life Term Constitutes “New Judgment” Under AEDPA, Exempting Second-­in-­Time Habeas Petition From Gatekeeping Requirements by Richard Resch by Richard Resch In a case of first impression, the United States Court of Appeals for the First Circuit held that when a …
California Court of Appeal: Trial Courts Have Inherent Authority to Correct Unauthorized Sentences at Any Time Without Habeas Petition by David Kim by David Kim The California Court of Appeal, Second Appellate District, ruled that trial courts possess inherent authority to correct unauthorized sentences whenever the issue is presented, regardless …
Supreme Court of Maryland Announces Division of Correction Must Immediately Apply Time-Served Credit Against Valid Sentences When Convictions Are Vacated and May Not Toll Execution Pending Reprosecution; New Sentences Arising From New Convictions Take by Sagi Schwartzberg by Sagi Schwartzberg The Supreme Court of Maryland held that when a defendant’s …
Article • November 15, 2025 • from CLN December, 2025
First Circuit: District Court Abused Discretion by Sua Sponte Raising Statute of Limitations Defense to Habeas Petition After Respondents Had Intelligently “Waived” It by Being Aware of Availability but Failing to Assert It by Douglas Ankney by Douglas Ankney The United States Court of Appeals for the First Circuit affirmed …
Texas Court of Criminal Appeals Announces Defendants on Appeal Bonds for Fine-Only Class C Misdemeanors Are “Restrained” for Purposes of Seeking Habeas Relief by Matthew Clarke by Matthew Clarke The Court of Criminal Appeals of Texas held that defendants charged with fine-only Class C misdemeanors who have posted appeal bonds …
Article • November 15, 2025 • from CLN December, 2025
Eighth Circuit Announces § 2255 One-­Year Limitations Period Begins to Run in Deferred-­Restitution Criminal Case When Subsequent Amended Judgment Finalizes Amount by Sagi Schwartzberg by Sagi Schwartzberg The United States Court of Appeals for the Eighth Circuit held that a 28 U.S.C. § 2255 motion was timely, concluding that the one-­year …
Ninth Circuit Reaffirms Longstanding Precedent That District Court Cannot Sua Sponte Dismiss Untimely Habeas Corpus Petition Without Giving Petitioner Prior Notice and Opportunity to Respond by Douglas Ankney by Douglas Ankney The United States Court of Appeals for the Ninth Circuit reaffirmed its longstanding precedent that a District Court cannot …
Article • August 1, 2025 • from CLN August, 2025
Filed under: Habeas Corpus, AEDPA
Fifth Circuit Announces When Initial § 2255 Petition Not Decided on Merits and Appeals Court Later Recalls Mandate Dismissing Direct Appeal and Affirms Conviction, Subsequent § 2255 Petition Not ‘Second or Successive’ Under AEDPA by Douglas Ankney In a case of first impression, the United States Court of Appeals for …
Article • July 1, 2025 • from CLN July, 2025
Fourth Circuit Announces Counterman v. Colorado Is New Rule of Constitutional Law That Applies Retroactively to Cases on Collateral Review and Grants Authorization to File Successive § 2255 Motion by Douglas Ankney The United States Court of Appeals for the Fourth Circuit granted Scott Lewis Rendelman’s motion for authorization to …
Article • June 1, 2025 • from CLN June, 2025
Arguing Successful Federal Habeas Corpus Claims by Dale Chappell This column is a follow-up to my original column published in the March 2021 issue of Criminal Legal News titled “Raising Successful Federal Habeas Corpus Claims.” In that first piece, I explained how to identify valid claims for federal habeas relief, …
Article • April 15, 2025 • from CLN May, 2025
Ninth Circuit Grants Stay and Abeyance of Federal Habeas Petition to Allow Petitioner to Exhaust State Remedies by Sagi Schwartzberg by Sagi Schwartzberg The United States Court of Appeals for the Ninth Circuit ruled that Eugene Allen Doerr satisfied the criteria set forth in Rhines v. Weber, 544 U.S. 269 …
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 by Sam Rutherford by Sam Rutherford The U.S. Court of Appeals for the Third Circuit affirmed the U.S. District Court …
Texas Court of Criminal Appeals Grants Habeas Relief in ‘Shaken Baby Syndrome’ Case by Sam Rutherford by Sam Rutherford The Criminal Court of Appeals of Texas, the state’s highest court in criminal cases, granted a prisoner’s habeas corpus petition based on advances in science that undermined the validity of evidence …
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’ by Anthony Accurso by Anthony W. Accurso The Supreme Court of Georgia unanimously granted a defendant’s habeas petition …
Article • December 15, 2024 • from CLN January, 2025
Ninth Circuit Holds District Courts Have No Authority Under Rule 4 of Rules Governing § 2254 Cases to Dismiss Habeas Petition on the Merits by Sam Rutherford by Sam Rutherford The U.S. Court of Appeals for the Ninth Circuit delineated the scope of U.S. District Courts’ authority to summarily dismiss …
Article • December 1, 2024 • from CLN December, 2024
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 by Sam Rutherford by Sam Rutherford The U.S. Court of Appeals for the Ninth Circuit reversed the U.S. District …
Article • November 1, 2024 • from CLN November, 2024
Ninth Circuit Denies Habeas Relief to Prisoner Who Invoked Fifth Amendment Right to Counsel During Custodial Interrogation but Made Incriminating Statements to Undercover Informant Posing as Fellow Prisoner Because Right to Counsel Not Violated by Sam Rutherford by Sam Rutherford The U.S. Court of Appeals for the Ninth Circuit affirmed …
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 by Anthony Accurso by Anthony W. Accurso The Supreme Court of Georgia ruled that defense counsel was ineffective for failing to argue that self-defense is a …
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 by Douglas Ankney The U.S. Court of Appeals for the Third Circuit …
Article • July 15, 2024 • from CLN July, 2024
California Court of Appeal Announces Rulings on Three Issues of First Impression Involving Certificate of Appealability and Habeas Petition by Douglas Ankney by Douglas Ankney In a case involving three issues of first impression, the Court of Appeal of California, First Appellate District, ruled that Penal Code Section 1509(1)(c)’s 10- …
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