Where a defendant’s convictions including first-degree assault were vacated when the habeas court granted relief based on an undisclosed and exculpatory fingerprint, and the state then filed a petition for a writ of certiorari, the  habeas court did not abuse ...

Tagged with: Brady violation Habeas Relief

Where a defendant scheduled for execution sought a writ of habeas corpus arguing that he was actually innocent and incompetent to be executed, the defendant failed to offer sufficient evidence to show actual innocence by a preponderance of the evidence ...

Tagged with: Actual Innocence Death Penalty Case Habeas Relief

Where a defendant in a petition for a writ of habeas corpus claimed that the Bureau of Prisons should not have changed his early release date, the case became moot when the defendant was released from prison, so the appeal ...

Tagged with: Early Release Date Habeas Relief mootness

Where 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 ...

Tagged with: Habeas Relief jurisdiction Successive Petition

Plaintiff appealed from the district court’s denial of plaintiff’s application for habeas relief after the Minnesota Supreme Court affirmed plaintiff’s sentence for three murders plaintiff committed while he was a juvenile but old enough to be tried as an adult, ...

Tagged with: Habeas Relief Juvenile Offender murder

Where appellant challenged the dismissal of his Section 2241 petition, the judgment is affirmed for the reasons stated by the district court. Judgment is affirmed. Weang v. Secretary of Department of Homeland Security (MLW No. 74510/Case No. 19-2111 – 2 ...

Tagged with: Dismissal Habeas Relief

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