Cases

394 Mass. 363 (1985) 476 N.E.2d 548 COMMONWEALTH vs. GEORGE L. UPTON. Supreme Judicial Court of Massachusetts, Barnstable. October 2, 1984. April 1, 1985. Present: HENNESSEY, C.J., WILKINS, LIACOS, ABRAMS, NOLAN, LYNCH & O'CONNOR, JJ. Nancy Gertner (David Kelston with her) for the defendant. Philip A. Rollin

(Slip Opinion) OCTOBER TERM, 2017 1 Syllabus NOTE: Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. See United States v. Detroit

JILL PRYOR, Circuit Judge, joined by WILSON, MARTIN, JORDAN, and ROSENBAUM, Circuit Judges, dissenting: The question before the en banc Court today is whether a federal habeas court should look through a state appellate court’s summary decision denying a petitioner relief to the reasoning in a lower state court decision when deciding whether the state appellate court’s decision is ent

WOOD, Circuit Judge, dissenting. No one who has followed the law of federal post-conviction relief for state prisoners since 1996, when the Anti-Terrorism and Effective Death Penalty Act (AEDPA) went into effect, is under the impression that this is a readily available remedy. Indeed, the real question is whether its promise is anything more than an illusion. Success in obtaining relief under 28 U.S.C. § 2254 s

WILLIAM PRYOR, Circuit Judge: Marion Wilson, Jr., a Georgia prisoner sentenced to death for the murder of Donovan Corey Parks, appeals the denial of his petition for a writ of habeas corpus. Wilson argues that he was deprived of a fair trial because his counsel provided ineffective assistance during the penalty phase of his trial. In state postconviction proceedings, Wilson argued that his trial counsel were constitutionally i

Case: 14-10681 Date Filed: 12/15/2014 Page: 1 of 24 [PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 14-10681 ________________________ D.C. Docket No. 5:10-cv-00489-MTT MARION WILSON,

ACTING JUSTICE PLEICONES: I respectfully dissent. As explained below, I would find that Blackwell is mentally retarded36 and ineligible for the death penalty. Moreover, I would find the trial court’s error of law in refusing to consider whether Angela could be cross-examined based upon her mental health records requires a new trial on the issue of guilt. If there is to be a resentencing proceeding,

PUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 20-11 JOHN R. WOOD, Petitioner – Appellant, v. BRYAN P. STIRLING, Commissioner, South Carolina Department of Corrections; LYDELL CHESTNUT, Deputy Warden of Broad River Correctional Institution Secure Facility, Respondents – Appellees. Appeal fr

Case: 18-70011 Document: 00515499760 Page: 1 Date Filed: 07/22/2020 United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED July 22, 2020

In the United States Court of Appeals For the Seventh Circuit ____________________ No. 20-3273 RYAN T. MCMULLEN, Petitioner-Appellant, v. GARY DALTON and MELISSA STEPHENSON, Respondents-Appellees. ____________________ Appeal from the United States District Court for the Southern

FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT JESSE JAMES ANDREWS, Nos. 09-99012 Petitioner-Appellant/ 09-99013 Cross-Appellee, D.C. No. v. 2:02-CV-08969-R RON DAVIS, Respondent-Appellee/ OPINION Cross-Appellant. Appeal from the United States District Court

Case: 16-70027 Document: 00515739449 Page: 1 Date Filed: 02/09/2021 United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED

TJOFLAT, Circuit Judge: This is the latest iteration in a series of challenges brought by Keith Leroy Tharpe to the sentence of death he received in 1991 for kidnapping his wife and kidnapping and murdering Jaquelin Freeman, his sister-in-law. After decades of litigation and having exhausted his opportunities for relief on direct an

10/20/2017 IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT JACKSON December 6, 2016 Session RICHARD LLOYD ODOM v. STATE OF TENNESSEE Appeal from the Criminal Court for Shelby County No. 91-07049 Don R. Ash, Senior Judge ___________________________________

784 F.Supp.2d 623 (2011) Leon Jermaine WINSTON, Petitioner, v. Loretta K. KELLY, Warden, Sussex I State Prison, Respondent. Civil Action No. 7:07CV00364. United States District Court, W.D. Virginia, Roanoke Division. May 16, 2011. *625 James Moreno, Jennifer L. Givens, Federal Community Defenders Office, Philadelphia, PA, for Pet

WILSON, Circuit Judge, concurring: As stated by the Majority, “[t]he essence” of Jones’s argument in both of his motions is that our pending en banc decision in Wilson v. Warden, Georgia Diagnostic Prison1 will “reverse the case law governing federal habeas review that we applied” to his Strickland claim and that, “under the ‘look through’ approach that Jones an

PRYOR, Circuit Judge: To learn about the gridlock and inefficiency of death penalty litigation, look no further than this appeal. Askari Abdullah Muhammad kidnapped and murdered Sydney and Lillian Gans four decades ago, in 1974. A Florida jury convicted Muhammad of murder, a Florida judge sentenced him to death, and the Supreme Court of Florida affirmed his conviction and sentence on direct appeal. While he awaited state c

MARCUS, Circuit Judge: In 1979, Petitioner Brandon Astor Jones was convicted of malice murder in Georgia state court. Jones and his co-defendant, Van Roosevelt Solomon, killed Roger Tackett, the manager of a Tenneco convenience store, in the course of an armed robbery and burglary. Jones was sentenced to death, but the United States District Court for the Northern District of Georgia later granted Jones’s petition for a wr

ORDER We deny both Petitions for Rehearing. We also deny the motion to stay remittitur. The attached opinion is substituted for the previous opinion, which is withdrawn. The only changes in the substituted opinion are to the second full paragraph on the twenty-sixth page of the majority opinion. /s/ Donald W. Beatty C.J. /s/ John W. Kittredge J. /s/ K

FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT CHARLES CRAIG CLEMENTS, No. 22-55333 Petitioner-Appellant, D.C. No. 8:14-cv-02002- v. DDP-JPR RAYMOND MADDEN, Warden; A MILLER, Warden, OPINION Respondents-Appellees. Appeal from