Tag Archives: Habeas
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SCOTUS Opinion: Court Corrects Mischaracterization Of State Court’s Analysis Of Ineffective Counsel Claim
In Dunn v. Reeves, after Reeves was convicted of murder, he argued to the state court that he received ineffective assistance of counsel under Strickland v. Washington, 466 U.S. 668 (1984). However, he did not call his attorneys to testify to rebut the presumption that counsel acted reasonably. The state appellate court denied relief because of the lack of evidence, ... Read More
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SCOTUS Opinion: Motion to Amend Judgment in Habeas Proceeding is Not a Separate Habeas Petition
After Gregory Banister was sentenced to 30 years in prison in Texas state court, and after he had exhausted his appeals in the Texas courts, he filed a petition for habeas relief under the Antiterrorism and Effective Death Penalty Act of 1996, arguing, among other things, ineffective assistance of counsel. The district court denied the petition. Banister then filed a ... Read More
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Subsequent SCOTUS Decisions Are Not “Clearly Established Law” For Habeas Petitions
After being convicted by Ohio’s state courts for murder and sentenced to death in 1986, Danny Hill challenged the judgment on the basis that the Eighth Amendment prohibits someone who is “mentally retarded” from receiving a death sentence, as established in Atkins v. Virginia, 536 U.S. 304 (2002). When that failed in the state courts, he filed a federal ... Read More