Smith v. Spisak, No. 08-724 (U.S. Supreme Court) (558 U.S. 139; 130 S.Ct. 676) (January 12, 2010) (Justice Breyer)
Loaded on Jan. 11, 2010
published in Punch and Jurists
January 11, 2010
Filed under:
Punch And Jurists,
Ineffective Assistance of Counsel.
Here a unanimous court vacated a writ of habeas corpus granted by the Sixth Circuit to an Ohio death row inmate, after concluding that the Circuit court failed to give proper deference to the state court decisions as required by 28 U.S.C. § 2254(d)(1).
In July, 1983, an Ohio jury ...
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More from this issue:
- U.S. v. Dyer, No. 08-1343 (1st Cir.) (589 F.3d 520) (December 28, 2009) (Judge Sandra L. Lynch)
- Smith v. Spisak, No. 08-724 (U.S. Supreme Court) (558 U.S. 139; 130 S.Ct. 676) (January 12, 2010) (Justice Breyer)
- ACORN v. U.S., No. 09-cv-4888 (NG) (E.D.N.Y.) (662 F.Supp.2d 285) (December 11, 2009) (Judge Nina Gershon)
- Al-Bihani v. Obama, No. 09-5051 (D.C. Cir.) (590 F.3d 866) (January 5, 2010) (Judge Janice Rogers Brown)
- U.S. v. Labbe, No. 08-0673-cr (2nd Cir.) (588 F.3d 139) (December 4, 2009) (Judge Jon O. Newman)
- Farrakhan v. Gregoire, No. 06-35669 (9th Cir.) (590 F.3d 989) (January 5, 2010) (Judge A. Wallace Tashima)
- U.S. v. Watson, No. 08-10385 (9th Cir.) (582 F.3d 974) (September 23, 2009) (Judge Richard R. Clifton)
- U.S. v. Volungus, No. 09-1596 (1st Cir.) (595 F.3d 1) (January 8, 2010) (Judge Bruce M. Selya)
- U.S. v. Hardy, No. 09-72-P-JHR (D.Me.) (640 F.Supp.2d 75) (July 30, 2009) (Judge Magistrate)
- U.S. v. Raby, No. 2:05-cr-00003 (S.D.W.Va.) (2009 WL 5173964) (December 30, 2009) (Judge Joseph R. Goodwin)
More from these topics:
- 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, Oct. 1, 2024. Habeas Corpus, Felon in Possession Statute, Ineffective Assistance of Counsel, Murder/Felony Murder.
- Fourth Circuit Vacates Order Denying § 2254 Motion, Remands for Evidentiary Hearing on Whether Counsel’s Failure to Object to Duplicative Drug Conspiracy Counts in Violation of Double Jeopardy Clause Was Strategic, Oct. 1, 2024. Ineffective Assistance of Counsel, Evidentiary Claims, Drug Trafficking Crimes.
- 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, Aug. 1, 2024. Evidentiary Ruling, Habeas Corpus, Ineffective Assistance of Counsel, Counsel - Effective Assistance of.
- Federal Habeas Corpus: Getting Around Procedural Default, July 15, 2024. Habeas Corpus, Actual Innocence/Claim of Innocence, Ineffective Assistance of Counsel, Summary Disposition, Cause and Prejudice, Proving Cause.
- Ninth Circuit Explains Martinez ‘Cause’ and ‘Prejudice’ to Excuse Procedural Default in Federal Habeas Proceeding Where Claim of IAC in State Proceedings Was Procedurally Defaulted Due to Postconviction Counsel’s Failure to Timely Raise Claim, Nov. 1, 2023. Ineffective Assistance of Counsel, Probable/Proximate Cause, Prejudice - Potential for Undue, Timeliness.
- Virginia Prisoner Wins Habeas Release on Ineffective Assistance of Counsel Claim, Oct. 15, 2023. Release and Reentry, Habeas Corpus, Ineffective Assistance of Counsel.
- California Court of Appeal: Counsel and Sentencing Court’s Misadvisement of Plea’s Immigration Consequences Require Relief From Conviction, Aug. 1, 2023. Ineffective Assistance of Counsel, Enforcement of Immigration Laws, Grounds for Relief.
- Bad Lawyering, Bankruptcy Torpedo Suit Over Delaware Prisoner’s Death, July 15, 2023. Settlements, Wrongful Death, Ineffective Assistance of Counsel.
- Indiana Supreme Court: Petitioner Entitled to File Belated Appeal More Than 21 Years After Conviction, Holding He Acted ‘Promptly’, June 15, 2023. Appeals/Appellate Jurisdiction, Ineffective Assistance of Counsel, Notice of Appeal/Appeal Rights, Tolling of Statutes of Limitations and Laches.
- Ohio Supreme Court: IAC for Counsel to Mention ‘Neonaticide’ at Sentencing but Fail to Explain and Use It as Mitigating Evidence, May 15, 2023. Ineffective Assistance of Counsel, Pending Appeal/Sentencing, Sentencing Disparity.