This is JK's Typepad Profile.
Join Typepad and start following JK's activity
Join Now!
Already a member? Sign In
JK
Recent Activity
By JK Let’s turn the lights back on around here. . . Recently, the Supreme Court granted cert. on a really interesting habeas issue: whether Martinez extends to ineffective assistance of appellate counsel claims. Case is called Davila v. Davis.... Continue reading
Posted Jan 27, 2017 at Habeas Corpus Blog
Hoffler v. Bezio, 726 F.3d 144 (2d Cir. Aug. 8, 2013) by Matthew Keller There are many newer issues on my list to discuss here, but I wanted to go back to a Second Circuit decision from last summer. Hoffler... Continue reading
Posted Mar 28, 2014 at Habeas Corpus Blog
BY JK Earlier today, the Supreme Court granted cert. in a habeas case, Jennings v. Stephens, on a procedural question: Whether the Fifth Circuit erred in holding that a federal habeas petitioner who prevailed in the district court on an... Continue reading
Posted Mar 24, 2014 at Habeas Corpus Blog
By JK It is my policy to not discuss any of my cases on this blog. I also try not to discuss any cases in which the petitioner is being represented by someone in my office. But I want to... Continue reading
Posted Mar 18, 2014 at Habeas Corpus Blog
By JK Last year, I wrote a post about a little case from the Ninth Circuit named Hurles v. Ryan. The post was entitled "Ninth Circuit Stays the Course." That decision represented a reaffirmation of the Ninth Circuit's prior precedent... Continue reading
Posted Mar 15, 2014 at Habeas Corpus Blog
By JK Hello again internet universe. The Ninth Circuit’s fascinating work in its recent en banc cases has inspired me to jump back into the blogosphere and share some news/thoughts about those recent cases. Let’s start with some news. Last... Continue reading
Posted Mar 13, 2014 at Habeas Corpus Blog
By Matthew Keller In the months since I last posted I have been trying to keep tabs on the many interesting Circuit Court habeas decisions that have been coming down. The idea that I would eventually combine them all into... Continue reading
Posted Feb 7, 2014 at Habeas Corpus Blog
By Alexandr Satanovsky Today's Supreme Court order list contained two written opinions by Justice Alito. The first was his Statement Respecting Denial of Certiorari in the non-habeas civil case of Martin v. Blessing, the second was his dissent from the... Continue reading
Posted Nov 18, 2013 at Habeas Corpus Blog
by Matthew Keller Some more recent habeas rulings from the Courts of Appeals. In this post, I focus on the Sixth Circuit, which over the past month has issued a series of generally helpful procedural rulings: Gillis v. United States... Continue reading
Posted Oct 13, 2013 at Habeas Corpus Blog
By JK If there is one judge who has been viewed as the poster child for the Ninth Circuit run amok in habeas cases, it's Judge Stephen Reinhardt. His name has become nearly synonymous with summary habeas reversals from the... Continue reading
Posted Oct 10, 2013 at Habeas Corpus Blog
By JK Next Monday, the Supreme Court is going to kick off its October 2013 Term. And for the first time in a few years, it does not have any heavy duty habeas cases on the docket. That could potentially... Continue reading
Posted Sep 30, 2013 at Habeas Corpus Blog
By JK Hello again, internets. Been a long while since I posted something. Too long. Let's just blame the sequester. I hope to start posting more regularly. Fortunately, Matt has been putting up a lot of good stuff over the... Continue reading
Posted Sep 30, 2013 at Habeas Corpus Blog
by Matthew Keller A few of the more interesting appellate habeas rulings from the past few weeks: Heard v. Addison, (10th Cir. Sept. 4, 2013) In Heard, the Tenth Circuit (reversing the district court) granted the 2254 petition on ineffectiveness... Continue reading
Posted Sep 7, 2013 at Habeas Corpus Blog
By Matthew Keller A quick review of some interesting cases decided by the Courts of Appeals in the past few weeks: Ramos v. Racette (2d Cir. Aug. 9, 2013) Starting with my home court, the Second Circuit, we have Ramos... Continue reading
Posted Aug 22, 2013 at Habeas Corpus Blog
by Matthew Keller Court finds state trial counsel ineffective for failing to spot "straightforward" Massiah issue during trial. Smith v. Fischer, No. 07 Civ. 2966 (S.D.N.Y. Jul. 16, 2013) In 2012, the Supreme Court held in Martinez v. Ryan that... Continue reading
Posted Aug 6, 2013 at Habeas Corpus Blog
By Matthew Keller A quick post on a couple of Seventh Circuit decisions issued in the past couple of weeks: First, the Seventh Circuit quickly put the kibosh on habeas petitions asserting claims based on Alleyne v. United States (U.S.... Continue reading
Posted Jul 21, 2013 at Habeas Corpus Blog
Your attorney doesn’t have to be found guilty of murder to be ineffective, but it helps. by Matthew Keller It is a fundamental tenet of criminal defense that your client’s unrelated bad acts cannot be used against him. To do... Continue reading
Posted Jul 17, 2013 at Habeas Corpus Blog
by Matthew Keller I don't closely follow habeas decisions from the First Circuit (covering most of New England) but the court's decision last week in Deciantis v. Wall, No. 12-2383 (1st Cir. July 1, 2013), caught my attention. While the... Continue reading
Posted Jul 8, 2013 at Habeas Corpus Blog
By Alexandr Satanovsky [Reposted from 6/28 with stylistic edits, and updated below] On Monday, the Supreme Court summarily reversed an evidentiary hearing order in Ryan v. Schad. Notably, the Supreme Court did not reach the merits of Ninth Circuit's order... Continue reading
Posted Jul 2, 2013 at Habeas Corpus Blog
By JK This week coming up is En Banc Week at the Ninth Circuit! On Monday through Thursday in the court's Seattle courtroom, a panel of eleven judges will be hearing a case en banc, one in the morning and... Continue reading
Posted Jun 23, 2013 at Habeas Corpus Blog
By JK Back in August 2010, the Second Circuit issued an amazing opinion in the habeas case of Friedman v. Rehal. In the opinion, the court denied habeas relief, but took the nearly unprecedented step of requesting that the DA's... Continue reading
Posted Jun 20, 2013 at Habeas Corpus Blog
BY JK As much as I hate to bump Matt's awesome post about the Lopez case from the top of the blog, I did have a few minutes and wanted to mention something from this week's SCOTUSblog's relist watch. A... Continue reading
Posted Jun 14, 2013 at Habeas Corpus Blog
Here you go (also added link in the post): http://docs.justia.com/cases/federal/district-courts/new-york/nyedce/1:2002cv03988/11273/124/
By Matthew Keller Lopez v. Miller, No. 02 Civ. 3988 (E.D.N.Y. M&O filed Jan 16, 2013) When I read this case out of the federal court in Brooklyn back in January, I was excited to post about it. But eventually... Continue reading
Posted Jun 12, 2013 at Habeas Corpus Blog
By JK Last week, in a 5-4 decision, the Supreme Court decided McQuiggin v. Perkins.* The Court held that a Schlup gateway “actual innocence” showing can overcome the one-year statute of limitations time bar. Ginsburg wrote the (nice) majority opinion... Continue reading
Posted Jun 6, 2013 at Habeas Corpus Blog