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Habeas Corpus Law
 
MILO A. ROSE vs. STATE OF FLORIDA

In 1985, this Court affirmed Rose’s conviction for first-degree murder and
his death sentence. Rose v. State (Rose I), 472 So. 2d 1155, 1156 (Fla. 1985). In
so doing, we explained the facts as follows:
At approximately 10 p.m. on October 18, 1982, several witnesses were talking together outside one of their residences. Testimony at trial revealed that they saw two men walking down... More...
   $0 (07-21-2018 - FL)

OMAR BLANCO vs. STATE OF FLORIDA

Omar Blanco, a prisoner under sentence of death, appeals the circuit court’s
orders summarily denying his fifth motion for postconviction relief, which was
filed under Florida Rules of Criminal Procedure 3.851 and 3.203. We have
jurisdiction. See art. V, § 3(b)(1), Fla. Const.
In 1982, a jury convicted Blanco of first-degree murder and armed burglary.
We affirmed Blanc... More...
   $0 (07-21-2018 - FL)

Steven Skinner v. State of Tennessee

In 1999, Petitioner was involved in the murder of two victims. State v. Steve Skinner (Skinner I), No. W2003-00887-CCA-R3-CD, 2005 WL 468322 at *1 (Tenn. Crim. App. Feb. 28, 2005), perm. app. denied (Tenn. June 27, 2005). During the course of the trial, the jury found that Petitioner, along with Marcus Boyd, Calvin Wardlow, Calvin Boyd, and Michael Brown, conspired to murder the victimsafter theyl... More...   $0 (07-21-2018 - TN)

STATE OF OHIO -vs- WALTER RENZ

In the summer of 2015, appellant and his girlfriend, Linda Buckner, were the
next-door neighbors of Patsy Hudson, who lived alone at 284 Spring Street in Mansfield,
Ohio. Hudson, then in her early sixties and on disability, was known to rescue and take
care of a large number of cats in or around her house. Her adult son, Lonnie Clevenger,
drove trucks for a living, but he peri... More...
   $0 (07-20-2018 - OH)

Paul Lee Navarro v. The State of Texas

By his first, second, and third issues, appellant contends that the evidence is insufficient to support his convictions of burglary of a habitation, unlawful possession of a firearm by a felon, and theft of a firearm. A. Standard of Review To determine whether the evidence is sufficient, we consider all the evidence in the light most favorable to the verdict and determine whether a rational fact f... More...   $0 (07-17-2018 - TX)

Ex parte Jesse Andrew Lopez

After appellant’s arrest on March 4, 2017, a Fort Bend County Grand Jury
issued a true bill of indictment, accusing appellant of committing the felony offenses
of aggravated sexual assault1 and burglary of a habitation.2 The trial court set
appellant’s bond at $50,000.00. On June 20, 2017, appellant filed an application for
a writ of habeas corpus, asserting that his confinem... More...
   $0 (07-16-2018 - TX)

LARNELL DYKES v. MARTIN SAUERS

Dykes was sentenced in August 1991 for aggravated kidnapping, aggravated robbery, rape, and aggravated burglary in Sedgwick County case No. 90CR2155. Dykes was sentenced in March 1993 for aggravated escape from custody in Leavenworth County case No. 91CR514. Dykes was sentenced in each case before the Kansas Sentencing Guidelines Act (KSGA) went into effect, and his sentences are not eligible for ... More...   $0 (07-16-2018 - KS)

STATE OF KANSAS v. DARRYL W. MANCO Indecent liberties with a child

Twenty five years after his 1992 convictions for indecent liberties with a child and aggravated criminal sodomy, inmate Darryl W. Manco filed a pro se motion to correct an illegal sentence under K.S.A. 22-3504. In this motion, Manco claims the prosecution failed to prove intent and failed to present evidence of sexual arousal on the part of himself or the victim in the indecent liberties count. Th... More...   $0 (07-16-2018 - KS)

In the Matter of the Care and Treatment of CHARLES D. KEARNEY

We will begin by summarizing Kearney's adult criminal history. In the summer of 2000, when Kearney was 18 years old, he attempted to make an illegal gun sale, but things did not go as planned. The purchaser tried to steal the gun from Kearney and a struggle ensued. During the struggle, the gun went off, killing the purchaser. Kearney pled guilty to involuntary manslaughter and unlawful possession ... More...   $0 (07-16-2018 - KS)

UNITED STATES OF AMERICA v. DAYVON BRYAN RILEY

In 2013, Riley pleaded guilty to aggravated identity theft, among other charges,
and was sentenced to 156 months’ imprisonment. On direct appeal, we affirmed the
validity of Riley’s guilty plea and dismissed his sentencing claims based on the appeal
waiver contained in his written plea agreement. United States v. Riley, 581 F. App’x 206
(4th Cir. 2014). In his pro se § 2255 ... More...
   $0 (07-15-2018 - NC)

BURGESS MASSEY v. UNITED STATES OF AMERICA

After the Supreme Court denied his petition for a writ  of certiorari, Massey v. United States, 549 U.S. 1136 (2007),  Massey filed his first motion for relief pursuant to 28 U.S.C.  § 2255, Massey v. United States, 08‐924, 2009 WL 1285991  (S.D.N.Y.  Apr.  23,  2009).  The  District  Court  denied  his  motion  and  did  not  issue  a  certificate  of  appealability,  finding that his three... More...   $0 (07-15-2018 - )

MICHAEL ROBBINS vs STATE OF FLORIDA

The state charged the defendant with aggravated battery with a firearm. The evidence showed that the defendant was involved in an argument with a man who was hanging out with a small group of people outside of a business. The defendant eventually got a gun from his nearby truck, fired two shots towards the group, and drove off. One of the shots struck a woman in the group.

Defendant ... More...
   $0 (07-14-2018 - FL)

State of Tennessee v. Grady Dewayne Carroll

On July 15, 2013, the Appellant pled guilty to Class E felony reckless endangerment and Class E felony evading arrest. He also pled guilty to reckless driving and driving on a suspended license, Class B misdemeanors. The Appellant received concurrent four-year sentences as a Range II, multiple offender for each felony conviction and six months for each misdemeanor conviction for a total effectiv... More...   $0 (07-14-2018 - TN)

STATE OF OHIO - vs - TROY D. RHYMER

On June 17, 2015, the Butler County Grand Jury returned an indictment
charging Rhymer with single counts of improperly handling a firearm in a motor vehicle and
criminal damaging or endangering. Approximately one month later, Rhymer pled guilty to
improperly handling a firearm in a motor vehicle charge in exchange for dismissal of the
criminal damaging or endangering charge. ... More...
   $0 (07-14-2018 - OH)

Seifullah Abdul-Salaam v. Secretary of Pennsylvania Depart of Corrections, et al. United States Court of Appeals for the Third Circuit

A jury found petitioner Seifullah Abdul-Salaam, Jr. (“Abdul-Salaam”) guilty of first-degree murder, robbery, and conspiracy after a six-day trial in March 1995 in the Court of Common Pleas of Cumberland County, Pennsylvania. After a one-day penalty phase hearing in which Abdul-Salaam’s counsel presented three mitigation witnesses, the jury sentenced Abdul-Salaam to death. Abdul-Salaam, after exhau... More...   $0 (07-12-2018 - PA)

Ex parte Lawrence Parrish

Appellant Lawrence Parrish appeals the trial court’s order denying his pretrial
application for writ of habeas corpus seeking a bail reduction. See Tex. Code Crim. Proc.
arts. 11.08, 11.24.
The record reflects that appellant is confined in the Travis County Jail awaiting trial
on a charge of aggravated assault against a public servant. On April 19, 2017, appellant filed a
mot... More...
   $0 (07-10-2018 - TX)

Rashad Rudolph v. The State of Texas

Rudolph was charged by indictment with three counts of committing aggravated assault with a deadly weapon and one count of tampering with or fabricating physical evidence. TEX. PENAL CODE ANN. §§ 22.02(a)(2), 37.09(a)(1) (West, Westlaw through 2017 1st C.S.). Rudolph waived his right to a trial by jury and pled guilty to three counts of aggravated assault in exchange for the State’s dismissal of... More...   $0 (07-07-2018 - TX)

Tiffanie Brooke Anderson v. The State of Texas

On the evening of April 25, 2013, Morey Schrader was the front seat passenger in a vehicle
driven by his wife in Plano, Collin County, Texas. Mr. Schrader’s daughter was a passenger in the
backseat. While the Schraders were stopped at a red light, appellant rear-ended their vehicle. None
of the Schraders were injured, but their vehicle was totaled. Mr. Schrader and appellant got out... More...
   $0 (07-07-2018 - TX)

Wayne Bedford v. The State of Texas

Appellant’s motion for rehearing is denied. This court’s opinion and order dated May 16,
2018 are withdrawn, and this opinion and judgment are substituted.
A jury convicted appellant of aggravated robbery with a deadly weapon. Prior to
sentencing, the trial court signed an agreed judgment of incompetency on June 16, 2015, and
appellant was civilly committed for 120 days. The... More...
   $0 (07-07-2018 - KS)

STEPHEN DOUGLAS WHITE v. STATE OF KANSAS

White pleaded no contest to a charge of rape of a child under age 14. In exchange for his plea, the State dismissed two additional counts of the same charge. The State agreed to a departure sentence from a hard 25 life sentence to a sentence for a specified term of months, as defined in an agreed-upon sentencing guidelines grid box. The State's agreement was contingent on White presenting, and the... More...   $0 (07-06-2018 - KS)

Joe Clark Mitchell v. Debra Johnson, Warden

In 1982, the Petitioner, armed with a gun and a hunting knife, struck a female victim several times with a large stick, forced her and another female victim into a house, raped one victim, and then set fire to the house. He later forced both victims into a car, drove them around, and raped the victim again. The victims eventually escaped, and the Petitioner was subsequently indicted for and convi... More...   $0 (07-05-2018 - TN)

BRIAN K. ALLISON vs. STATE OF IOWA SUPREME COURT OF IOWA

A jury convicted Brian Allison of three counts of sexual abuse in the third degree in 2011. He appealed his conviction. In his direct appeal, Allison argued the district court erred in not granting him a new trial based upon the weight of the evidence under Iowa Rule of Criminal Procedure 2.24(2)(b)(6). Among other things, Allison noted the victim, his stepdaughter, initially denied the abuse, ... More...   $0 (07-03-2018 - IA)

Edward Joseph Osuna v. The State of Texas

The jury heard evidence that Amy Mikulec and her fiancé, Luke Carrell, lived in a
mobile home owned by Amy’s parents, Jennifer and Danny Mikulec, on fenced-off property also
owned by Jennifer and Danny. In September of 2014, Amy and Luke were in the process of moving
out but still had most of their clothing and property in the mobile home. During that time, a neighbor
who lived a... More...
   $0 (07-03-2018 - TX)

Tajay Stephens v. The State of Texas

The indictment against Stephens alleged that he possessed a controlled substance with
intent to deliver. Before trial, Stephens filed a motion to suppress evidence. At the hearing on the
motion to suppress, Officer Tracy Zimmerman with the Austin Police Department testified that he
was patrolling downtown Austin in May 2016 when he noticed unusual activity happening early in
the ... More...
   $0 (07-03-2018 - TX)

Joseph Gibbs v. The State of Texas Court of Appeals For The First District of Texas

In July 2010, Ashley Broussard was twenty-one years old and living with a
friend of hers, Willie Narcisse, in Baytown, Texas. Willie’s cousin, Valencia
Narcisse, who was fifteen years old at the time, also lived with them, and Valencia
and Ashley were friends. Valencia and Ashley were the two complainants in the
charged offense.

Tyrone Gilbert was also related to Will... More...
   $0 (07-03-2018 - TX)

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