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Lee v. U.S., No. 16-327 (U.S. Supreme Court) (582 U.S. ___; 137 S.Ct. 1958) (June 23, 2017) (Justice (John G.) Roberts)

Article • June 26, 2017 • from P&J June, 2017

Filed under: Punch And Jurists, Ineffective Assistance of Counsel

Lee v. U.S., No. 16-327 (U.S. Supreme Court) (582 U.S. ___; 137 S.Ct. 1958) (June 23, 2017) (Justice (John G.) Roberts) by In a rare showing of judicial sympathy for an immigrant about to be deported, the Court latched on to a somewhat strained reading of the Strickland prejudice standard …

Weaver v. Massachusetts, No. 16-240 (U.S. Supreme Court) (582 U.S. ___; 137 S.Ct. 1899) (June 22, 2017) (Justice Kennedy)

Article • June 26, 2017 • from P&J June, 2017

Filed under: Punch And Jurists, Ineffective Assistance of Counsel

Weaver v. Massachusetts, No. 16-240 (U.S. Supreme Court) (582 U.S. ___; 137 S.Ct. 1899) (June 22, 2017) (Justice Kennedy) by The highly technical (and overly pious?) question before the Court in this case involved the proper application of two, intertwined doctrines - structural error and ineffective assistance of counsel. More …

U.S. v. Nwoye, No. 14-3060 (D.C. Cir.) (824 F.3d 1129) (June 10, 2016) (Judge Brett M. Kavanaugh)

Article • October 31, 2016 • from P&J October, 2016

Filed under: Punch And Jurists, Ineffective Assistance of Counsel

U.S. v. Nwoye, No. 14-3060 (D.C. Cir.) (824 F.3d 1129) (June 10, 2016) (Judge Brett M. Kavanaugh) by

McQuiggan v. Perkins, No. 12-126 (U.S. Supreme Court) (569 U.S. 383; 133 S.Ct. 1924) (May 28, 2013) (Justice Ginsburg)

Article • June 10, 2013 • from P&J June, 2013

Filed under: Punch And Jurists, Actual Innocence/Claim of Innocence

McQuiggan v. Perkins, No. 12-126 (U.S. Supreme Court) (569 U.S. 383; 133 S.Ct. 1924) (May 28, 2013) (Justice Ginsburg) by McQuiggan v. Perkins, No. 12-126 (U.S. Sup. Ct. May 28, 2013) (Justice Ginsburg) Trevino v. Thaler, No. 11-10189 (U.S. Sup. Ct. May 28, 2013) (Justice Breyer) In these two habeas …

U.S. v. Gonzalez, No. 10-2202-cr (2nd Cir.) (647 F.3d 41) (July 22, 2011) (Judge Amalya Lyle Kearse)

Article • December 1, 2011

Filed under: Punch And Jurists, Ineffective Assistance of Counsel

U.S. v. Gonzalez, No. 10-2202-cr (2nd Cir.) (647 F.3d 41) (July 22, 2011) (Judge Amalya Lyle Kearse) by Conviction and sentencing of defendant, a former state senator, for mail fraud, 18 U.S.C. § 1341, and other related-charges are affirmed where the district court did not abuse its discretion in denying …

Kinsel v. Cain, No. 10-30443 (5th Cir.) (647 F.3d 265) (July 19, 2011) (Judge Jacques L. Jr. Wiener)

Article • August 8, 2011 • from P&J August, 2011

Filed under: Punch And Jurists, Ineffective Assistance of Counsel

Kinsel v. Cain, No. 10-30443 (5th Cir.) (647 F.3d 265) (July 19, 2011) (Judge Jacques L. Jr. Wiener) by While no one can seriously pretend that the law is perfect, and while most serious observers would admit that the procedural barriers created by the AEDPA have made the path to …

U.S. v. Lyons, No. 6:01-cr-134-Orl-31DAB (M.D.Fla.) (726 F.Supp.2d 1359) (July 1, 2010) (Judge Gregory A. Presnell)

Article • February 7, 2011 • from P&J February, 2011

Filed under: Punch And Jurists, Unjust Conviction Statute

U.S. v. Lyons, No. 6:01-cr-134-Orl-31DAB (M.D.Fla.) (726 F.Supp.2d 1359) (July 1, 2010) (Judge Gregory A. Presnell) by This decision is noted because it contains one of the most comprehensive and current analyses of the history and development of the Federal Unjust Conviction Statute (“UCS”), which is now codified at 28 …

Ramchair v. Conway, No. 08-2004-pr (2nd Cir.) (601 F.3d 66) (April 2, 2010) (Judge Robert D. Sack)

Article • September 20, 2010 • from P&J September, 2010

Filed under: Punch And Jurists, Ineffective Assistance of Counsel

Ramchair v. Conway, No. 08-2004-pr (2nd Cir.) (601 F.3d 66) (April 2, 2010) (Judge Robert D. Sack) by In the state's appeal from a district court's order granting a writ of habeas corpus to petitioner on the ground of ineffective assistance of state appellate counsel, and ordering a new trial, …

Smith v. Spisak, No. 08-724 (U.S. Supreme Court) (558 U.S. 139; 130 S.Ct. 676) (January 12, 2010) (Justice Breyer)

Article • January 11, 2010 • from P&J January, 2010

Filed under: Punch And Jurists, Ineffective Assistance of Counsel

Smith v. Spisak, No. 08-724 (U.S. Supreme Court) (558 U.S. 139; 130 S.Ct. 676) (January 12, 2010) (Justice Breyer) by 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 …

Knowles v. Mirzayance, No. 07-1315 (U.S. Supreme Court) (556 U.S. 111; 129 S.Ct. 1411) (March 24, 2009) (Justice Thomas)

Article • February 1, 2009 • from P&J February, 2009

Filed under: Punch And Jurists, Ineffective Assistance of Counsel

Knowles v. Mirzayance, No. 07-1315 (U.S. Supreme Court) (556 U.S. 111; 129 S.Ct. 1411) (March 24, 2009) (Justice Thomas) by This is another of a seemingly endless series of recent decisions from the Supreme Court dealing with the meaning of “ineffective assistance of counsel” under Strickland v. Washington, 466 U.S. …

Aris v. Mukasey, No. 07-1211-ag (2nd Cir.) (517 F.3d 595) (February 20, 2008) (Judge Robert A. Katzmann)

Article • December 1, 2008 • from P&J December, 2008

Filed under: Punch And Jurists, Ineffective Assistance of Counsel

Aris v. Mukasey, No. 07-1211-ag (2nd Cir.) (517 F.3d 595) (February 20, 2008) (Judge Robert A. Katzmann) by For a commentary on this decision, see "Case Highlights Ineffective Legal Services for Immigrants," by Mark Hamblett, as published in the New York Law Journal on February 21, 2008, as follows: Judge …

U.S. v. Garcia, No. 08 cr 32 (E.D.N.Y.) (2008 U.S. Dist. LEXIS 63804) (August 19, 2008) (Judge Allyne R. Ross)

Article • November 1, 2008 • from P&J November, 2008

Filed under: Punch And Jurists, Ineffective Assistance of Counsel

U.S. v. Garcia, No. 08 cr 32 (E.D.N.Y.) (2008 U.S. Dist. LEXIS 63804) (August 19, 2008) (Judge Allyne R. Ross) by The failure to tell a defendant of his right under 8 U.S.C. § 1229c to depart the United States voluntarily at his own expense in lieu of being deported …

Landrigan v. Schriro, No. 00-99011 (9th Cir.) (441 F.3d 638) (March 8, 2006) (Judge Michael Daly Hawkins)

Article • December 1, 2006 • from P&J December, 2006

Filed under: Punch And Jurists, Ineffective Assistance of Counsel

Landrigan v. Schriro, No. 00-99011 (9th Cir.) (441 F.3d 638) (March 8, 2006) (Judge Michael Daly Hawkins) by An Arizona state court convicted Jeffrey Landrigan of first-degree murder, which he committed after escaping from an Oklahoma prison where he was serving sentences for an earlier murder and for a prison …

Herrera v. Collins, No. 91-7328 (U.S. Supreme Court) (506 U.S. 390; 113 S.Ct. 853) (January 25, 1993) (Justice Rehnquist)

Article • June 15, 2006

Filed under: Punch And Jurists, Actual Innocence/Claim of Innocence

Herrera v. Collins, No. 91-7328 (U.S. Supreme Court) (506 U.S. 390; 113 S.Ct. 853) (January 25, 1993) (Justice Rehnquist) by Ten years after his conviction of capital murder, and quite some years after having exhausted his state and federal, direct and collateral appeals, the petitioner in this case, Leonel Torres …

Sawyer v. Whitley, No. 91-6382 (U.S. Supreme Court) (505 U.S. 333; 112 S.Ct. 2514) (June 22, 1992) (Justice Rehnquist)

Article • June 15, 2006

Filed under: Punch And Jurists, Actual Innocence/Claim of Innocence

Sawyer v. Whitley, No. 91-6382 (U.S. Supreme Court) (505 U.S. 333; 112 S.Ct. 2514) (June 22, 1992) (Justice Rehnquist) by In this case, the issue addressed by the Court was the proper the standard for determining whether a petitioner bringing a successive, abusive, or defaulted federal habeas claim has shown …

House v. Bell, No. 04-8990 (U.S. Supreme Court) (547 U.S. 518; 126 S.Ct. 2064) (June 12, 2006) (Justice Kennedy)

Article • May 1, 2006 • from P&J May, 2006

Filed under: Punch And Jurists, Actual Innocence/Claim of Innocence

House v. Bell, No. 04-8990 (U.S. Supreme Court) (547 U.S. 518; 126 S.Ct. 2064) (June 12, 2006) (Justice Kennedy) by Here the Court addressed for the first time the impact of DNA evidence on habeas cases holding that a death row inmate has made a sufficient showing on his claim …

Lockhart v. Fretwell, No. 91-1393 (U.S. Supreme Court) (506 U.S. 364; 113 S.Ct. 838) (November 3, 1992) (Justice Rehnquist)

Article • October 25, 2005

Filed under: Punch And Jurists, Ineffective Assistance of Counsel

Lockhart v. Fretwell, No. 91-1393 (U.S. Supreme Court) (506 U.S. 364; 113 S.Ct. 838) (November 3, 1992) (Justice Rehnquist) by The issue before the Court in this case was whether counsel's failure to make an objection in a state criminal sentencing proceeding-an objection that would have been supported by a …

Dretke v. Haley, No. 02-1824 (U.S. Supreme Court) (541 U.S. 386; 124 S.Ct. 1847) (May 3, 2004) (Justice O'Connor)

Article • April 1, 2004 • from P&J April, 2004

Filed under: Punch And Jurists, Actual Innocence/Claim of Innocence

Dretke v. Haley, No. 02-1824 (U.S. Supreme Court) (541 U.S. 386; 124 S.Ct. 1847) (May 3, 2004) (Justice O'Connor) by Here, by a 6 to 3 vote, in a case where the defendant was incorrectly sentenced as a habitual offender, the Court declined to correct the forfeited error because to …

Schlup v. Delo, No. 93-7901 (U.S. Supreme Court) (513 U.S. 298; 115 S.Ct. 851) (January 23, 1995) (Justice Stevens)

Article • August 25, 2003

Filed under: Punch And Jurists, Actual Innocence/Claim of Innocence

Schlup v. Delo, No. 93-7901 (U.S. Supreme Court) (513 U.S. 298; 115 S.Ct. 851) (January 23, 1995) (Justice Stevens) by In this case, the Court established a narrow gateway for overriding a petitioner's clear failure to meet deadlines and requirements for filing a timely petition in federal court - essentially …

Nickerson v. Roe, No. C 98-04909 MHP (N.D.Cal.) (260 F.Supp.2d 875) (March 17, 2003) (Judge Marilyn H. Patel)

Article • July 1, 2003 • from P&J July, 2003

Filed under: Punch And Jurists, Actual Innocence/Claim of Innocence

Nickerson v. Roe, No. C 98-04909 MHP (N.D.Cal.) (260 F.Supp.2d 875) (March 17, 2003) (Judge Marilyn H. Patel) by This lengthy decision is noted principally for Judge Patel's review and analysis of the Supreme Court's decision in Schlup v. Delo, 513 U.S. 298 (1995) and her granting of a habeas …