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Tag Archives: Habeas Relief

Criminal Law: Habeas Relief-Brady Violation

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 ...

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Criminal Law: Habeas Relief-Dismissal

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 ...

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Criminal Law: Habeas Relief-Actual Innocence

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 ...

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Criminal Law: Habeas Relief-Timeliness

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 ...

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Criminal Law: Habeas Relief-First-Degree Robbery-Sufficiency of Evidence

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 ...

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