After counsel for a death row inmate missed the filing deadline for his federal habeas corpus petition, the prisoner requested substitution of counsel based on conflict of interest as his existing counsel could not reasonably be expected to argue that the prisoner was entitled to equitable tolling of the statute of limitations. 65 more words
Tags » "habeas Corpus"
In this federal habeas corpus appeal of a Florida state death row inmate, the district court granted a writ of habeas corpus on the grounds that defense counsel rendered ineffective assistance of counsel by advising the defendant to waive his right to a jury during the penalty phase. 79 more words
Petitioner was convicted of murder and sentenced to death for the fatal shooting of police officer Scott Winters. Overturning a federal district court’s issuance of a writ of habeas corpus, the Eleventh Circuit held that the Florida Supreme Court’s decision that the petitioner did not knowingly and voluntarily waive his right to counsel was not contrary to or an unreasonable application of clearly established Supreme Court law. 27 more words
___ AD3d ___, ___ NYS2d ___, 2015 NY Slip Op 00085
Last week I reported the decision of the Third Department rejecting habeas corpus relief for Tommy the chimpanzee. 189 more words