Search Results for: AEDPA

As a criminal defense attorney practicing post-conviction law for nearly twenty years, I’ve watched the Supreme Court whittle away convicted defendants’ right to contest their wrongful state convictions. The most recent example is the Supreme Court’s opinion in Shinn v. Martinez Ramirez, which prevents prisoners from entering federal court to litigate claims that were forfeited [...]

The US Supreme Court Tuesday ruled in a 5-4 decision that federal courts may not order states to transport inmates to find new evidence without first deciding of any resulting evidence would be admissible in court. In 1993 Raymond Twyford was convicted of aggravated murder and sentenced to death by an Ohio jury. Twyford was [...]

The US Supreme Court Monday heard oral arguments for Kennedy v. Bremerton School District and Nance v. Ward. In Kennedy v. Bremerton School District, the court will decide whether a public school employee has the right, under the First Amendment, to pray in view of students on the football field.  Joe Kennedy, who was employed as [...]

In a 6-3 decision, the US Supreme Court Thursday ruled that a state prisoner must satisfy the court precedents and federal law to receive habeas relief in Brown v. Davenport. The decision impacts the standard federal courts use when deciding whether state trial courts’ constitutional errors are harmless. Petitioner Mike Brown argued that the US [...]

The US Supreme Court Wednesday heard oral arguments in cases concerning state funding for religious private schools and proceedings for incarcerated people challenging their convictions due to incompetent counsel. In Carson v. Makin, the court will determine whether Maine’s scheme of outsourcing public education to secular private schools by compensating parents for the cost of [...]

In a per curiam opinion on Monday, the US Supreme Court ruled that the US Court of Appeals for the Ninth Circuit erred in overturning the death sentence of inmate George Kayer, who robbed and murdered his companion on a gambling trip in Laughlin, Nevada, in 1994. Kayer shot Delbert Haas in the head during [...]

The US Supreme Court heard arguments Wednesday in Edwards v. Vannoy on whether the Supreme Court’s prior decision in Ramos v. Louisiana applies retroactively to cases on federal collateral review. The Supreme Court held in Ramos earlier this year that criminal defendants have a right to a unanimous jury verdict in state criminal trials under [...]

The US Court of Appeals for the Sixth Circuit on Tuesday denied Ohio death row inmate Romell Broom’s request for habeas relief and held that a second execution attempt would not constitute cruel and unusual punishment under the Eighth Amendment. Ohio had previously tried to execute Broom by lethal injection in 2009, but officials were [...]

The US Supreme Court held Monday in Banister v. Davis that Rule 59(e) of federal civil procedure does not change a habeas court’s judgment, and it thus is not considered a “second or successive habeas petition,” expanding the scope of federal post-conviction review. The petitioner in this case is Gregory Banister, who was convicted for [...]

The US Supreme Court heard oral arguments Wednesday in cases concerning the statute of limitations in § 1113(2) of the Employee Retirement Income Security Act (ERISA) and Rule 59(e) of Civil Procedure for a motion to alter or amend a judgment. Intel Corp. Investment Policy Committee v. Sulyma asks the court to determine whether the [...]