Where a defendant who was found guilty of first-degree sodomy and incest challenged the denial of his 28 U.S.C. Section 2254 petition, arguing that he was actually innocent, the judgment is affirmed because the defendant failed to satisfy the standard ...

Tagged with: Actual Innocence Habeas Relief

Where a defendant challenged his sentence based on the U.S. Supreme Court’s decision in Johnson v. United States with the filing of a pro se letter seeking Section 2255 relief, the petition was untimely, and the judgment is affirmed because ...

Tagged with: Habeas Relief timeliness

Where a defendant argued that he lacked the requisite prior convictions to qualify for an enhancement under the Armed Career Criminal Act, remand is unnecessary on the unlawful-use claim because the conviction has been established as a violent felony under ...

Tagged with: ACCA Habeas Relief Prior Convictions

Where the state challenged the grant of habeas corpus relief to petitioner in a first-degree murder and robbery case, the order granting relief in part is reversed because the appellate court did not unreasonably apply clearly established federal law when ...

Tagged with: Criminal Law First-Degree Robbery Habeas Relief Sufficiency Of Evidence

Where a defendant in a drug-distribution case sought habeas relief, arguing that a second amended judgment was a substantive change and a new judgment, the judgment is affirmed because a correction in the second amended judgment did not create a ...

Tagged with: Criminal Law Habeas Relief Successive Petition

Where a defendant sought to vacate a 200-month sentence seeking remand for a resentencing hearing to consider his rehabilitation efforts, the judgment is affirmed because the district court followed clearly established resentencing procedures, and his convictions for second-degree assault on ...

Tagged with: Criminal Law Habeas Relief Resentencing sentencing

Where a petitioner filed for habeas corpus relief arguing that his trial counsel was ineffective for misadvising him about his eligibility for parole on an assault charge leading him to forego a plea offer, factual findings that the petitioner would ...

Tagged with: Criminal Law effectiveness of counsel Habeas Relief

Where a defendant, who was sentenced to life without eligibility for parole for 50 years plus two life sentences for capital murder committed as a 16-year-old, sought habeas relief, State ex rel. Carr v. Wallace was applicable because the defendant ...

Tagged with: Criminal Law Habeas Relief life sentence

Defendant pleaded guilty to interstate kidnapping resulting in the victim’s death. Defendant was sentenced to death following the jury’s consideration of aggravating and mitigating factors. Defendant filed the present habeas petition to set aside his conviction and death sentence. On ...

Tagged with: Criminal Law Habeas Relief ineffective assistance of counsel Interstate Kidnapping

Where the attorney general filed a petition for a writ of certiorari to review the issuance of a writ of habeas corpus, the judgment is affirmed because the habeas court had the authority to review the defendant’s claim pertaining to ...

Tagged with: Authority Criminal Law Habeas Relief

Defendant appealed from the district court’s grant of plaintiff’s application for habeas corpus relief from a death sentence. Plaintiff was convicted and sentenced to death for the murder of his grandparents. Plaintiff applied for habeas relief, alleging trial counsel was ...

Tagged with: Criminal Law Extraordinary Circumstances Habeas Relief ineffective assistance of counsel