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Lee v. Kemna, No. 00-6933 (U.S. Supreme Court) (534 U.S. 362; 122 S.Ct. 877) (January 22, 2002) (Justice Ginsburg)

Article • January 1, 2002 • from P&J January, 2002

Filed under: Punch And Jurists, Procedural Default/Error

Lee v. Kemna, No. 00-6933 (U.S. Supreme Court) (534 U.S. 362; 122 S.Ct. 877) (January 22, 2002) (Justice Ginsburg) by 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 …

U.S. v. Ardley, No. 98-7033 (11th Cir.) (273 F.3d 991) (November 20, 2001) (Judge R. Lanier III Anderson)

Article • November 1, 2001 • from P&J November, 2001

Filed under: Punch And Jurists, Procedural Default/Error

U.S. v. Ardley, No. 98-7033 (11th Cir.) (273 F.3d 991) (November 20, 2001) (Judge R. Lanier III Anderson) by This decision is noted for Judge Tjoflat’s highly persuasive dissent on the topic of the retroactive use of Apprendi on appeals. That dissent is particularly noteworthy because it eschews the common …

U.S. v. Smith, No. 99-4253 (7th Cir.) (250 F.3d 1073) (May 8, 2001) (Per Curiam)

Article • April 1, 2001 • from P&J April, 2001

Filed under: Punch And Jurists, Procedural Default/Error

U.S. v. Smith, No. 99-4253 (7th Cir.) (250 F.3d 1073) (May 8, 2001) (Per Curiam) by In January, 2001, some three months after the Supreme Court vacated Anthony Smith’s original 405-month sentence in this drug case and remanded the case back to the Seventh Circuit for reconsideration in light of …

U.S. v. Miranda, No. 98-11183 (5th Cir.) (248 F.3d 434) (April 17, 2001) (Judge Robert M. Parker)

Article • April 1, 2001 • from P&J April, 2001

Filed under: Punch And Jurists, Procedural Default/Error

U.S. v. Miranda, No. 98-11183 (5th Cir.) (248 F.3d 434) (April 17, 2001) (Judge Robert M. Parker) by

U.S. v. Smith, No. 99-4253 (7th Cir.) (241 F.3d 546) (February 8, 2001) (Judge Frank H. Easterbrook)

Article • January 1, 2001 • from P&J January, 2001

Filed under: Punch And Jurists, Procedural Default/Error

U.S. v. Smith, No. 99-4253 (7th Cir.) (241 F.3d 546) (February 8, 2001) (Judge Frank H. Easterbrook) by Here, after the Supreme Court had vacated the sentence imposed in this case and remanded it for reconsideration in light of Apprendi, the Seventh Circuit again affirmed the same sentence on a …

Bousley v. U.S., No. 96-8516 (U.S. Supreme Court) (523 U.S. 614; 118 S.Ct. 1604) (May 18, 1998) (Justice Rehnquist)

Article • September 6, 2000

Filed under: Punch And Jurists, Procedural Default/Error

Bousley v. U.S., No. 96-8516 (U.S. Supreme Court) (523 U.S. 614; 118 S.Ct. 1604) (May 18, 1998) (Justice Rehnquist) by Case held that a procedural default arising from the defendant's failure to raise the Bailey issue on his direct appeal was not an absolute bar to subsequent collateral relief - …

Wainwright v. Sykes, No. 75-1578 (U.S. Supreme Court) (433 U.S. 72; 97 S.Ct. 2497) (June 23, 1977) (Justice Rehnquist)

Article • August 26, 2000

Filed under: Punch And Jurists, Procedural Default/Error

Wainwright v. Sykes, No. 75-1578 (U.S. Supreme Court) (433 U.S. 72; 97 S.Ct. 2497) (June 23, 1977) (Justice Rehnquist) by In this case the Court considered the availability of federal habeas corpus relief to review a state convict's claim that testimony was admitted at his trial in violation of his …

U.S. v. Halter, No. 99-3045 (8th Cir.) (217 F.3d 551) (July 3, 2000) (Judge Donald P. Lay)

Article • August 1, 2000 • from P&J August, 2000

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

U.S. v. Halter, No. 99-3045 (8th Cir.) (217 F.3d 551) (July 3, 2000) (Judge Donald P. Lay) by This case is noted for its valiant attempt to explain what the Supreme Court probably meant when it discussed the concept of "actual innocence" in Bousley v. U.S., 523 U.S. 614 (1998). …

Spence v. Superintendent, Great Meadow Cor. Fac., No. 97-2945 (2nd Cir.) (219 F.3d 162) (July 18, 2000) (Judge Richard J. Cardamone)

Article • August 1, 2000 • from P&J August, 2000

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

Spence v. Superintendent, Great Meadow Cor. Fac., No. 97-2945 (2nd Cir.) (219 F.3d 162) (July 18, 2000) (Judge Richard J. Cardamone) by In general, a habeas petitioner may not raise a procedurally defaulted claim, i.e., a claim not presented to the state court, unless he demonstrates cause for the default …

Stewart v. LaGrand, No. 98-1412 (U.S. Supreme Court) (526 U.S. 115; 119 S.Ct. 1018) (March 3, 1999) (Per Curiam)

Article • June 19, 2000

Filed under: Punch And Jurists, Procedural Default/Error

Stewart v. LaGrand, No. 98-1412 (U.S. Supreme Court) (526 U.S. 115; 119 S.Ct. 1018) (March 3, 1999) (Per Curiam) by Here Walter LaGrand was convicted of first-degree murder and sentenced to be executed by lethal gas. His conviction was affirmed on appeal in Arizona in 1987. At the time of …

Reasonover v. Washington, No. 4:96CV1477 JCH (E.D.Mo.) (60 F.Supp.2d 937) (August 2, 1999) (Judge Jean C. Hamilton)

Article • November 1, 1999 • from P&J November, 1999

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

Reasonover v. Washington, No. 4:96CV1477 JCH (E.D.Mo.) (60 F.Supp.2d 937) (August 2, 1999) (Judge Jean C. Hamilton) by This case, in which the Court granted a Writ of Habeas Corpus on the grounds that the prosecution failed to disclose Brady and Giglio materials, is noted primarily for its detailed analysis …

U.S. v. Lloyd, No. 98-7480 (3rd Cir.) (188 F.3d 184) (August 13, 1999) (Judge Carol Los Mansmann)

Article • October 1, 1999 • from P&J October, 1999

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

U.S. v. Lloyd, No. 98-7480 (3rd Cir.) (188 F.3d 184) (August 13, 1999) (Judge Carol Los Mansmann) by Here, interpreting the Supreme Court's decision in Bousley v. U.S., the 3rd Circuit held that a petitioner who had procedurally defaulted his Bailey claim need not show actual innocence of less serious, …

U.S. v. Jasin, No. Crim No. 91-602-08 (E.D.Pa.) (25 F.Supp.2d 551) (August 12, 1998) (Judge Jan E. Dubois)

Article • January 1, 1999 • from P&J January, 1999

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

U.S. v. Jasin, No. Crim No. 91-602-08 (E.D.Pa.) (25 F.Supp.2d 551) (August 12, 1998) (Judge Jan E. Dubois) by The defendant in this case was a manager at International Signal Corporation (ISC), a company that was working on a project to identify and correct certain problems relating to the launching …

Carriger v. Stewart, No. 95-99025 (9th Cir.) (132 F.3d 463) (December 17, 1997) (Judge Mary M. Schroeder)

Article • February 1, 1998 • from P&J February, 1998

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

Carriger v. Stewart, No. 95-99025 (9th Cir.) (132 F.3d 463) (December 17, 1997) (Judge Mary M. Schroeder) by Here the Court held that the defendant was not entitled to habeas relief on a freestanding claim of actual innocence since that rquires an "extraordinarily high" threshhold of evidence. This is another …

Amrine v. Bowersox, No. 96-1892 (8th Cir.) (128 F.3d 1222) (November 3, 1997) (Judge Diana E. Murphy)

Article • December 1, 1997 • from P&J December, 1997

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

Amrine v. Bowersox, No. 96-1892 (8th Cir.) (128 F.3d 1222) (November 3, 1997) (Judge Diana E. Murphy) by In this fascinating prison case, the petitioner presented numerous pieces of evidence that prison officials had conspired to manufacture evidence that he had committed a murder while in prison. The lower court …

Carriger v. Stewart, No. 95-99025 (9th Cir.) (95 F.3d 755) (September 24, 1996) (Judge Alex Kozinski)

Article • October 1, 1996 • from P&J October, 1996

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

Carriger v. Stewart, No. 95-99025 (9th Cir.) (95 F.3d 755) (September 24, 1996) (Judge Alex Kozinski) by The Court did, however, back off slightly by stating that the Supreme Court has made clear that "for such a claim to ever be successful, the defendant's burden of proof would 'necessarily be …