Free Newsletter
Criminal Law: Habeas Relief-Successive Petition-Jurisdiction
Staff Report//March 11, 2020//
Listen to this articleWhere a defendant challenged the denial of his third successive federal habeas corpus petition from his state law murder conviction, the district court properly found that it lacked jurisdiction to hear the petition because the defendant failed to establish by clear and convincing evidence that it was more likely than not that no reasonable jury would have found him guilty beyond reasonable doubt, and he was not entitled to an evidentiary hearing.
Judgment is affirmed.
Rhodes v. Warden (MLW No. 74581/Case No. 18-3581 – 8 pages) (U.S. Court of Appeals, 8th Circuit, Grasz, J.) Appealed from U.S. District Court, District of Minnesota. (Mark R. Bradford, Minneapolis, argued for appellant) (Matthew Frank, St. Paul, Minnesota, argued for appellee).
Latest Opinion Digests
- Immigration: Asylum-Withholding of Removal-Appellate Jurisdiction
- Criminal Law: Child Pornography-Bottom-of-Guidelines Sentence-Substantive Reasonableness of Sentence
- Criminal Law: Child Abuse-Sufficiency Of Evidence-Closing Argument
- Civil Rights: Religious Freedom-RLUIPA-Res Judicata
- Civil Practice: Res Judicata-Stop Work Order
- Immigration: Drug Conviction-Removability-Overbreadth of State Offense
- Civil Practice: Asset Forfeiture-Sanctions
- Civil Rights: Due Process-Failure to State Claim
- Probate : Revocable Trust – Amendment – Reformation
- Employer – Employee : Unpaid Commissions – At-Will Status
- Criminal Law : Post-Conviction Relief – Effectiveness Of Counsel – Conflict Of Interest
- Appellate Practice : Jurisdiction – Final Judgment
Top stories
- Nurse entitled to disability benefits despite working months after accident, Supreme Court rules
- Eastern District rules 10 cases against TitleMax may proceed without arbitration
- Supreme Court declines to hear Republican appeals on abortion ballot initiatives
- Cole County jury awards $1.56 billion in Roundup case headed for appeal
- Jury gives massive award after fleeing suspect causes fatal crash
- 8th Circuit tosses suit claiming false sale prices
- Attorney general releases report on Kim Gardner investigation
- Legal Limelight: Jason C. Smith, Office Managing Partner, Spencer Fane
