Here’s rundown of some favorable decisions for the week. United States v. Evans, No. 22-1195, 2023 U.S. App. LEXIS 18810 (7th Cir. July 24, 2023) Evans twice sold heroin to a confidential source (50 grams, 125 grams). Officers stopped Evans 30 minutes later and found cash from the controlled purchase, methamphetamine, two handguns, and ammunition….
In the realm of habeas appeals, a critical issue arises when a petitioner files a petition for a writ of habeas corpus challenging a conviction after an extended period. This post examines a recent case involving a self-represented petitioner who sought habeas relief more than five years after his conviction and the subsequent denial of…
In the realm of post-conviction proceedings, the cause and prejudice standard is a significant legal doctrine that can help prisoners overcome procedural default of their ineffective assistance of counsel (IAC) claims. This standard was established by the Supreme Court in Martinez v. Ryan, 566 U.S. 1, 132 S. Ct. 1309 (2012), and further clarified in…
Leeds v. Russell, No. 21-16813, 2023 U.S. App. LEXIS 19081 (9th Cir. July 26, 2023) In 2006, a Nevada jury convicted Leeds of first-degree murder. Although Petitioner resided at the house where the murder occurred, the prosecution presented a felony-murder theory at trial, alleging that Petitioner committed the murder during the course of a burglary…
In the realm of civil procedure, seeking relief from a judgment denying a § 2255 or § 2254 petitionis not a straightforward process. Litigants must navigate the intricacies of the Federal Rules of Civil Procedure, most commonly Rule 60(b), to reopen their habeas case. Let’s delve into the key distinctions between two provisions of Rule…
By Dale Chappell United States v. Gaulden, No. 22-30435, 2023 U.S. App. LEXIS 17995 (5th Cir. July 14, 2023). A somewhat divided Fifth Circuit made a novel decision July 14, 2023, by holding that a person allegedly violating the law in a video recording possessed by a video company he hired has no expectation of…
What’s the real story about a federal judge in Mississippi declaring the federal felon in possession of a firearm statute unconstitutional? As always, there’s more to the the story than what’s being reported. Here’s the real story about United States v. Bullock, No. 3:18-CR-165-CWR-FKB, 2023 U.S. Dist. LEXIS 112397 (S.D. Miss. June 28, 2023). I’ve…
Second Circuit Vacates Conviction Based on Insufficient Guilty Plea United States v. Aybar-Peguero, Nos. 21-1711(L), 21-1847(Con), 2023 U.S. App. LEXIS 17015 (2d Cir. July 6, 2023) Francis Jose Aybar-Peguero pled guilty to drug trafficking in violation of 21 U.S.C. Sections 841 and 846 and concealment money laundering in violation of 18 U.S.C. Section 1956(a)(1)(B)(i). During…
Clemente v. Lee, No. 21-279-pr, 2023 U.S. App. LEXIS 16892 (2d Cir. July 5, 2023) The Second Circuit reiterated that a single timely filed claim in a habeas petition with multiple claims does not make the entire petition (or application) timely. The Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) and its statute of…
Seventh Circuit Grants 2255 Relief, Vacates Life Sentence Under 924(C) United States v. States, No. 22-1477, 2023 U.S. App. LEXIS 16934 (7th Cir. July 5, 2023) Charles States was convicted of attempted murder and attempted Hobbs Act extortion and was sentenced in 2005 to life plus 57 years, mostly based on multiple consecutive sentences under…
