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.
CALVIN GARRETT GRAY v. DAVID BALLARD
US Court of Appeals for the Fourth Circuit, Floyd, Feb. 8, 2017,
Habeas Corpus – Statute of limitations did not toll for a habeas corpus from state conviction where the defendant didn’t know his blood type and thus failed to realize that the serology report in his case was incorrect.
DENNIS LEBLANC v. RANDALL MATHENA, Chief Warden, Red Onion State Prison, Pound, Virginia; COMMONWEALTH OF VIRGINIA
US Court of Appeals for the Fourth Circuit,Wynn , Nov. 7, 2016,
Juvenile Life-Imprisonment – Virginia’s “Conditional release of geriatric prisoners” statute does not meet the Graham standard requiring “meaningful opportunity to obtain release based on demonstrated maturity and rehabilitation” for non-homicide juvenile life-sentences.
Dissent – Niemeyer – Virginia’s implementation is not unreasonable and should receive deference under federal habeas corpus review
Reversed by the Supreme Court
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ERIC ADAM GRUENINGER v. DIRECTOR, VIRGINIA DEPARTMENT OF CORRECTIONS
United States Court of Appeals for the Fourth Circuit, Harris, Filed Feb. 9, 2016,
Ineffective Assistance of Counsel – Raising objection improperly was not a “tactical” decision; failure to object properly to confession in violation of Miranda was constitutionally deficient
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”