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Race v. Salmonsen
Despite district court's proper adherence to promptly review and dismiss habeas petition as untimely, due process considerations necessitated that petitioner be notified and provided opportunity to be heard before dismissal.
Habeas Corpus 9th Mar. 14, 2025
Doerr v. Shinn
Stay was warranted to allow death-row prisoner to present claims to Arizona state court in a second postconviction petition where failure to present evidence was the basis for his ineffective assistance claim.
Habeas Corpus 9th Jan. 30, 2025
Martinez v. Clark
Board of Immigration Appeals did not abuse its discretion by concluding defendant's rehabilitative efforts and compliance with the law did not outweigh his apparent dangerousness due to past cocaine distribution.
Immigration, Habeas Corpus 9th Dec. 30, 2024
Catlin v. Broomfield
Federal habeas claim regarding ex parte communication was properly denied where it had previously been summarily denied by state supreme court and was not contrary to clearly established federal law.
Habeas Corpus 9th Dec. 26, 2024
Waidla v. Davis
Since aggravation evidence outweighed totality of available mitigation evidence, habeas petitioner was not prejudiced by counsel's failure to present mitigating evidence and was not entitled to habeas relief.
Habeas Corpus 9th Dec. 24, 2024
In re Lerke
No legal authority permitted an indefinite detention in county jail pending a transfer to a state hospital following the conclusion of competency proceedings in an underlying criminal case.
Habeas Corpus 4DCA/1 Dec. 23, 2024
Nunez-Dosangos v. Superior Court (People)
Petitioner's pretrial detention was excessive in relation to the government's public safety goals and constituted impermissible punishment in violation of due process.
Habeas Corpus, Criminal Law and Procedure 1DCA/3 Dec. 12, 2024
Atkins v. Bean
Nevada Supreme Court reasonably denied petitioner's claim that trial counsel was ineffective for failing to investigate and present additional mitigating and social history evidence.
Habeas Corpus 9th Dec. 3, 2024
People v. Thompson
Successive limited habeas corpus petition was the proper vehicle for capital defendant seeking resentencing relief under ameliorative changes to murder statutes due to the requirements of voter-approved Proposition 66.
Habeas Corpus, Criminal Law and Procedure 4DCA/2 Oct. 29, 2024