Published by: Pate and Johnson Law

Michael Wade Nance v. Warden, Georgia Diagnostic Prison

Michael Wade Nance v. Warden, Georgia Diagnostic Prison, No. 17-15361 (April 30, 2019) Reviewing a petitioner’s § 2254 motion, the Court held that the state court’s rejection of petitioner’s ineffective claim was objectively reasonable since trial counsel’s decision to refrain from presenting certain mitigation evidence at death penalty sentencing was a strategic decision. The Court […]

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United States v. Stanislav Pavlenko

United States v. Stanislav Pavlenko, No. 17-15047 (April 22, 2019) The Court dismissed the defendant’s appeal, holding that it lacked jurisdiction to review an order dismissing the indictment against the defendant. Even though the order was explicitly based on the government’s promise to dismiss charges in exchange for the defendant’s agreement to leave the U.S. […]

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Hall v. Florida

Wyndel Hall v. Secretary, Department of Corrections and Attorney General, State of Florida, No. 18-10767 (April 12, 2019) The Court held that the district court erred in dismissing the petitioner’s § 2254 motion as untimely after he filed a defective postconviction motion in state court. The Court held that the petitioner’s amended motion related back […]

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Willie Seth Crain v. Florida

Willie Seth Crain, Jr. v. Secretary, Florida Department of Corrections and Attorney General, State of Florida; Nos. 15-14347 and 18-11604 (March 22, 2019) The Court held that it lacked subject matter jurisdiction to review the district court’s denial of a § 2254 petitioner’s motions for substitute counsel. The orders were not final orders under 28 […]

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United States of America v. St. Hubert

United States of America v. St. Hubert, No. 16-10874 (March 19, 2019), EN BANC A majority of the Court voted against granting a rehearing en banc. The Court produced three dissents and three opinions concurring in the decision to deny granting a rehearing en banc. 28 U.S.C. 2255 – Published opinions on federal prisoners’ applications […]

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