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Criminal Practice – Habeas Petition – Withheld Evidence – Brady Violation – Materiality – Evidentiary Hearing
Juniper v. Zook (Lawyers Weekly No. 001-199-17, 34 pp.) (James Wynn Jr., J.) 13-7; Nov. 16, 2017; USDC at Richmond, Va. (John Gibney Jr., J.) 4th Cir. Holding: Where the state withheld evidence that called into question not only the time of the victims’ deaths, but also the identity of the perpetrator, the withheld evidence […]
Criminal Practice – Habeas Review Ordered for Conflict of Interest
Woodfolk v. Maynard (Lawyers Weekly No. 001-117-17, 42 pp.) (Gregory, J.) No. 15-6364, May 23, 2017; USDC at Baltimore, Md. (Motz, J.) 4th Cir. Holding: A defendant who has for 30 years contended that his guilty plea to attempted murder and a firearm offense was procured by a lawyer who had a conflict of interest […]
Criminal Practice – No Habeas Relief for Missed Alibi Instruction
Hope v. Cartledge (Lawyers Weekly No. 001-116-17, 23 pp.) (Shedd, J.) No. 15-7356, May 22, 2017; USDC at Greenville, S.C. (Harwell, J.) 4th Cir. Holding: Although petitioner was entitled to an alibi instruction under South Carolina law, and his trial lawyer was ineffective for failing to seek such an instruction, petitioner was not prejudiced by […]
Criminal Practice – Habeas Ordered for Bad Immigration Advice
U.S. v. Swaby (Lawyers Weekly No. 001-091-17, 19 pp.) (Gregory, J.) No. 15-7616, April 24, 2017; USDC at Baltimore, Md. (Bennett, J.) 4th Cir. Holding: A defendant, who pleaded guilty to trafficking in counterfeit goods based on his trial lawyer’s mistaken advice that he would not be guilty of an aggravated felony that made him […]
Criminal Practice – Defendant Can’t Show ‘Extraordinary Circumstances’
Moses v. Joyner (Lawyers Weekly No. 001-050-16, 15 pp.) (Wilkinson, J.)) No. 15-2, March 8, 2016; USDC at Greensboro, N.C. (Schroeder, J.) 4th Cir. Holding: A defendant convicted of the drug-related first-degree murder of two men in 1997 cannot overturn a district court’s denial of his Rule 60(b)(6) motion for relief from judgment as untimely; […]
Criminal Practice – Habeas Granted on Ineffective Assistance Claim
Grueninger v. Director, Virginia Dep’t of Corrections (Lawyers Weekly No. 001-029-16, 34 pp.) (Harris, J.) No. 14-7072, Feb. 9, 2016; USDC at Richmond, Va. (Gibney, J.) 4th Cir. Holding: A man convicted of sexually abusing his 14-year-old daughter wins habeas relief on his claim that his trial counsel provided constitutionally ineffective assistance of counsel by […]
Criminal Practice – Habeas Lies for Restitution Through BOP
Fontanez v. O’Brien (Lawyers Weekly No. 001-184-15, 8 pp.) (Harris, J.) No. 14-7607, Dec. 2, 2015; USDC at Wheeling, W.Va. (Stamp, J.) 4th Cir. Holding: A federal inmate may file a habeas petition under 28 U.S.C. § 2241 seeking release from the obligation to make restitution payments through the Bureau of Prisons Inmate Financial Responsibility […]
Criminal Practice — No COA Needed for Court Review
U.S. v. McRae (Lawyers Weekly No. 15-01-0712, 28 pp.) (Gregory, J.) No. 13-6878, July 13, 2015; USDC at Charlotte, N.C. (Conrad, J.) 4th Cir. Holding: Under recent Supreme Court jurisprudence, the 4th Circuit holds it can review the district court’s categorization of defendant’s 22 U.S.C. § 2255 motion as an impermissible successive petition without first […]
Criminal Practice — No Habeas Writ for Fingerprint Issue
Jones v. Clarke, Director (Lawyers Weekly No. 15-01-0388, 35 pp.) (Shedd, J.) No. 14-6590, April 22, 2015; USDC at Norfolk, Va. (Jackson, J.) 4th Cir. Holding: A trial lawyer’s failure to object to admission of evidence of defendant’s fingerprint around a window broken in a home from which a television was stolen was not constitutionally […]
Criminal Practice — Habeas Claim Alleges ‘Failure to Consult’
Gordon v. Braxton, Warden (Lawyers Weekly No. 15-01-0207, 16 pp.) (Diaz, J.) No. 13-7040, March 3, 2015; USDC at Alexandria, Va. (O’Grady, J.) 4th Cir. Holding: A defendant who pleaded guilty to carnal knowledge and soliciting production of child pornography, but who did not waive his appeal rights, exhausted his claim that his trial counsel […]
Criminal Practice – Habeas Corpus – Sentencing – Prior Conviction – 2010 Ruling – Not Retroactive
U.S. v. Powell The 4th Circuit denies post-conviction relief for a defendant’s 240-month sentence for conspiracy to distribute cocaine, enhanced due to defendant’s prior North Carolina drug conviction; the rule defendant advances from a 2010 U.S. Supreme Court case is not retroactively applicable to cases on collateral review, and defendant’s § 2255 motion is untimely.
Criminal Practice – Habeas Corpus – Death Penalty — Murders
U.S. v. Fulks A South Carolina defendant sentenced to death for his role in carjacking, kidnapping and the murder of two women in separate incidents during a crime spree after a Kentucky jail break cannot overturn his death sentence with claims of ineffective assistance of counsel; the 4th Circuit says none of the alleged errors by counsel would have made a difference in the outcome of th[...]
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Commentary
- Amotion sees resurgence after almost a decade
- The flip side of generative AI in law and how to address it
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- Court’s term was rough on big business
- Ex-president, bar association have made their choice
- Ruling sharpens boundaries in attorney-client privilege
- Lawyers Weekly debuts new and improved web experience
- US Supreme Court bites back at parody’s use of the First Amendment
- Supreme Court leaves key internet protection untouched
- Case study: North Carolina courts provide guidance on scope, limitations of attorney-client privilege
- A Different Ode to Pro Bono Work
- A roadmap to attracting, developing, retaining great associates
