Currently Browsing:Habeas Corpus

Fourth Circuit Denies Successive Habeas Petition, Shrugs Off Defendant’s “Scylla and Charybdis” Bind

In re: Jarius Dama Phillips (No. 16-9566) Defendant was convicted in Virginia state court for abduction, rape, and related charges. He was 17 years old at the time of the offense, and was sentenced to four terms of life imprisonment. Virginia has abolished traditional parole, thus these sentences amount to a life-without-parole sentence, as it

Read More

Supreme Court Reverses 11th Circuit; Death Row Inmate May Be Entitled to Hearing RE: Racist Juror

Tharpe v. Sellers (No. 17–6075) Petitioner Keith Tharpe moved to reopen his federal habeas corpus proceedings regarding his claim that the Georgia jury that convicted him of murder included a white juror, Barney Gattie, who was biased against Tharpe because he is black. The District Court denied the motion on the ground that, among other

Read More

Fourth Circuit Reverses District Court; §2255 Petitioner Entitled to Resentencing

United States v. Jolon Carthorne (No. 16-6515) The defendant was convicted of possession of a firearm in furtherance of a drug trafficking crime. At sentencing, the probation officer’s presentence report indicated that defendant was subject to the career offender enhancement, due in part to his prior conviction for Assault and Battery of a Police Officer

Read More

Fourth Circuit Reverses Denial of Hearing on §2254 Case; Defendant Entitled to Evidentiary Hearing on Alleged Brady Violations

Juniper v. Zook (No. 13-7) Anthony Juniper was convicted at trial for the murders of Keshia Stephens, along with Ms. Stephens’ brother, and her two daughters. The evidence at trial showed that Juniper and Stephens were involved in a tumultuous relationship. On the morning of the murders, Juniper went to Stephens’ apartment at approximately 10:20

Read More

US Supreme Court Reverses 9th Circuit and 11th Circuit in Per Curiam Opinions

Kernan v. Cuero (No. 16-1468) Here, the Defendant was charged with two felonies and a misdemeanor, and he entered a guilty plea to both felonies. After the guilty plea proceeding, but before the Defendant had been sentenced, the prosecutor moved to amend the criminal complaint to reflect that the Defendant had two prior felonies, which

Read More

Nav Map