Lee v. Kemna, No. 00-6933 (U.S. Supreme Court) (534 U.S. 362; 122 S.Ct. 877) (January 22, 2002) (Justice Ginsburg)
Loaded on Jan. 1, 2002
published in Punch and Jurists
January 07, 2002
Filed under:
Punch And Jurists,
Procedural Default/Error.
This habeas decision will probably not long be remembered for its holding: it was so fact-specific that it will have little, if any, precedential value. But the case will certainly be remembered for two other reasons: First, for the first time in our memory, Justice Rehnquist voted in favor of ...
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More from this issue:
- Lee v. Kemna, No. 00-6933 (U.S. Supreme Court) (534 U.S. 362; 122 S.Ct. 877) (January 22, 2002) (Justice Ginsburg)
- U.S. v. Gomez-Estrada, No. 01-1085 (1st Cir.) (273 F.3d 400) (November 27, 2001) (Judge Bruce M. Selya)
- Kansas v. Crane, No. 00-957 (U.S. Supreme Court) (534 U.S. 407; 122 S.Ct. 867) (January 22, 2002) (Justice Breyer)
- Harvey v. Horan, No. 01-6703 (4th Cir.) (278 F.3d 370) (January 23, 2002) (Judge J. Harvie III Wilkinson)
- U.S. v. Mulder, No. 99-1516 (2nd Cir.) (273 F.3d 91) (November 1, 2001) (Judge Rosemary S. Pooler)
- U.S. v. Astronomo, No. Crim. No. 00-10311-NG (D.Mass.) (183 F.Supp.2d 158) (December 20, 2001) (Judge Nancy Gertner)
- U.S. v. Wilkerson, No. Crim. No. 98-10185-NG (D.Mass.) (183 F.Supp.2d 373) (January 10, 2002) (Judge Nancy Gertner)
More from these topics:
- Kansas Supreme Court Announces Complete and Wrongful Denial of Defendant’s Constitutional Right to Testify Constitutes ‘Structural Error’ and Reverses Convictions Where Defendant Removed From Stand and Entire Testimony Stricken, Oct. 1, 2024. Procedural Default/Error, Right to Testify, Right to Testify/Remain Silent.
- U.S. Supreme Court Apparently Prioritizes Ideology Over Guilt or Innocence, Jan. 15, 2024. AEDPA, Procedural Default/Error, Proving Cause, Capital Cases, Procedural Error, Effective Assistance of Counsel, Counsel - Right to, Counsel - Effective Assistance of, Strickland Standard, Per se ineffectiveness, Right to Counsel.
- Third Circuit Vacates Denial of First Step Act Relief Because District Court’s Failure to Expressly Identify Which § 841(b) Provision Supported Sentence Precludes Appellate Review, Oct. 1, 2023. First Step Act, Procedural Default/Error, Resentencing.
- SCOTUS Announces Statute of Limitations for § 1983 Claim Challenging State’s Postconviction DNA Testing Procedures Begins to Run Upon Completion of State-Court Litigation, Including Appeals, May 15, 2023. DNA Testing/Samples, Procedural Default/Error.
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- Seventh Circuit: District Court’s Failure to Address Nonfrivolous Argument Raised in First Step Act Motion Constitutes Procedural Error in Violation of Concepcion, April 15, 2023. Frivolous Litigation (PLRA), First Step Act, Procedural Default/Error.
- SCOTUS: Arizona Supreme Court’s Interpretation of State Procedural Rule so ‘Novel and Unforeseeable’ It’s Not ‘Adequate’ to Preclude SCOTUS Review of Federal Death-Penalty Claim, March 15, 2023. Death Penalty, Procedural Default/Error.
- Fifth Circuit: District Court Erred in Finding That a Fourth Amendment Stop Did Not Occur, Jan. 15, 2023. Procedural Default/Error, Terry Stops.
- Florida Supreme Court: Trial Courts Have Authority to Correct Sentencing Errors, But Subject to Time Limits, Jan. 1, 2023. U.S. Sentencing Guidelines, Procedural Default/Error, Timeliness.
- Fifth Circuit: New, Retroactive Supreme Court Decision Allowing SOS Habeas Petition Not New Enough to Avoid Procedural-Default Bar, Sept. 15, 2022. AEDPA, Procedural Default/Error.