In Re: WILLIAM ROBERT GRAY, JR.,
US Court of Appeals for the Fourth Circuit, Gregory, Feb. 28, 2017,
Habeas Corpus- A habeas petition after re-sentencing is not a “second or successive” petition within the meaning of § 2244(b), regardless of whether it challenges the sentence or the underlying
conviction.
Tag Archives: AEDPA
Bennett v. Stirling
JOHNNY BENNETT v. BRYAN P. STIRLING, Commissioner, South Carolina Department of Corrections;
JOSEPH MCFADDEN, Warden, Lieber Correctional Institution
US Court of Appeals for the Fourth Circuit, Wilkinson, Nov. 21, 2016,
AEDPA – Capital Punishment – Sentencing was “suffused with racially coded references to a degree that made a fair proceeding impossible.”
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Morva v. Zook
WILLIAM CHARLES MORVA v. DAVID ZOOK, Warden, Sussex I State Prison
US Court of Appeals for the Fourth Circuit, Diaz, May 5, 2016,
AEDPA – Court Appointed Expert – Virginia court’s failure to grant relief on appointment of “prison-risk-assessment expert” to mitigate claim of future dangerousness was not unreasonable application of law
Nicolas v. AG
RICHARD A. NICOLAS v. THE ATTORNEY GENERAL OF THE STATE OF MARYLAND; RICHARD GRAHAM, Warden,
US Court of Appeals for the Fourth Circuit, Motz, Apr. 27, 2016,
AEDPA – Brady – Denial of Brady relief by MD Courts was not so unreasonable as to require reversal under AEDPA where the witnesses stated that they heard a noise like a car backfiring at the same time the defendant argued that he was shot at.
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White v. Wheeler
RANDY WHITE, WARDEN v. ROGER L. WHEELER
Supreme Court of the United States, Per Curiam, Filed Dec. 14, 2015,
AEDPA – Federal Habeas Review – Mere disagreement with a state court does not provide a federal Court of Appeals with the power to reverse the judgment under the AEDPA unless it is “an error well understood and comprehended in existing law beyond any possibility for fairminded disagreement”