SCOTUS scolds circuit panel for off-the-rails ruling
The U.S. Supreme Court reversed a Fourth Circuit ruling granting a new trial in a Maryland second-degree murder conviction, citing improper habeas review.
Criminal Law: Conspiracy to Distribute-Sufficiency of Evidence-Ineffective Assistance of Counsel
Defendant appealed from his conviction for conspiracy to distribute a mixture and substance containing a detectible amount of cocaine. On appeal, defendant challenged several trial court rulings and argued that […]
Criminal Law: Child Molestation-Ineffective Assistance of Counsel
Defendant pleaded guilty, in accordance with a plea agreement, to two counts of child molestation and was sentenced to two concurrent 10-year sentences. Defendant unsuccessfully filed a motion for post-conviction […]
Domestic Relations: Termination of Parental Rights-Ineffective Assistance of Counsel
On appeal from the trial court’s grant of the petition for adoption filed by the guardians of K.A.F., which effectively terminated father’s parental rights, father argued that his counsel failed […]
Criminal Law: Post-Conviction Relief-Ineffective Assistance of Counsel
Defendant filed a motion for post-conviction relief following his conviction for the homicide of his father. Following an evidentiary hearing, the trial court ruled that trial counsel failed to interview, […]
Criminal Law: §2255 Motion-Ineffective Assistance of Counsel-Failure to File Appeal
Defendant appealed the denial of his §2255 motion following an evidentiary hearing. On appeal, defendant argued that trial counsel was ineffective for failing to file a direct appeal and for […]
Criminal Law: Habeas Corpus-Ineffective Assistance of Counsel-Death Penalty
Petitioner appealed the denial of his habeas petition, alleging that trial counsel was ineffective for failing to investigate and present mental health evidence and for giving the jury an expert […]
Criminal Law: Discharging Firearm at Inhabited Structure-Ineffective Assistance of Counsel
Defendant was charged with knowingly discharging a firearm at an inhabitable structure. The state offered a plea deal to reduce his charge and impose a four-year sentence with no opportunity […]
Supreme Court creates path for juveniles to claim ineffective assistance
What began as a high school bomb-threat case in Missouri’s Bootheel has led to the Supreme Court’s creation on Aug. 13 of a mechanism by which juveniles can claim ineffective […]
Criminal Law: Sale of Drugs-Ineffective Assistance of Counsel
Defendant was found guilty by a Minnesota state court jury of second-degree sale of drugs and sentenced to 108 months of incarceration. Defendant appealed the denial of his §2254 petition. […]
Criminal Law: Ineffective Assistance of Counsel-Failure to Investigate and Call Witnesses
Defendant appealed the denial of his motion alleging ineffective assistance of counsel for trial counsel’s failure to call a corroborating witness and to fully investigate a note that provided clarity […]
Criminal Law: Illegal Reentry-Below-Guidelines Sentence-Ineffective Assistance of Counsel
Defendant appealed from his below-guidelines range sentence, imposed after he pleaded guilty to illegal reentry. On appeal, defendant argued that he received ineffective assistance of counsel and that his sentence […]
Latest Opinion Digests
- Domestic Relations-Order of Protection-Stalking
- Domestic Relations-Child Custody and Support-Motion for Modification
- Unemployment Compensation-Denial of Benefits-Termination for Misconduct
- Municipal-Government Records-Public Interest in Disclosure
- Criminal Law-Forgery-Evidentiary Rulings
- Criminal Law-Drug Possession-Competency Evaluation
- Real Property-Quiet Title-Default Judgment
- Criminal Law-Municipal Ordinance Violation-Writ of Prohibition
- Torts-Victims’ Compensation Fund-Sovereign Immunity
- Criminal Law-Statutory Rape-Sufficiency of Evidence
- Constitutional Law-Extraordinary Legislative Session-Gubernatorial Authority
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