A jury found appellant William Earl Durham guilty of the offense of failing to comply with sex-offender registration requirements.1 Appellant entered a plea of true to an enhancement allegation of a prior felony conviction, elevating the punishment range from a third-degree felony to a second-degree felony.2 The jury assessed appellant’s punishment at 12 years in prison.

Appellant raises ... More...   $0 (06-13-2013 - TX)

William Van Poyck, a prisoner under sentence of death and under an active death warrant, appeals from an order dismissing his third successive motion for postconviction relief pursuant to Florida Rule of Criminal Procedure 3.851 and

- 2 -

summarily denying his motion to vacate his sentence of death or, in the alternative, motion for an evidentiary hearing. Van Poyck also petition... More...   $0 (06-06-2013 - FL)

This case concerns the “actual innocence� gateway tofederal habeas review applied in Schlup v. Delo, 513 U. S. 298 (1995), and further explained in House v. Bell, 547
U. S. 518 (2006). In those cases, a convincing showing of actual innocence enabled habeas petitioners to overcomea procedural bar to consideration of the merits of theirconstitutional claims. Here, the question arises in the ... More...   $0 (05-29-2013 - )

In Martinez v. Ryan, 566 U. S. 1 (2012), we considered the right of a state prisoner to raise, in a federal habeascorpus proceeding, a claim of ineffective assistance of trial counsel. In that case an Arizona procedural rule required a defendant convicted at trial to raise a claim of ineffective assistance of trial counsel during his first state collateralreview proceeding—or lose the claim. The... More...   $0 (05-28-2013 - )

Michael Joseph Griffin appeals an order of the circuit court denying his motion to vacate his conviction for first-degree murder and sentence of death filed under Florida Rule of Criminal Procedure 3.851. Griffin also petitions this Court

- 2 -

for a writ of habeas corpus. We have jurisdiction. See art. V, § 3(b)(1), (9), Fla. Const. For the reasons explained below, we affirm the tr... More...   $0 (05-16-2013 - FL)

Brandon Swallow appeals the circuit court’s judgment dismissing his Rule 24.035 motion for post-conviction relief, because the circuit court found his motion was untimely filed. Mr. Swallow claims the circuit court erred in dismissing his motion because he filed it within 180 days of his delivery to the department of corrections for his first degree assault sentence, which triggered the period i... More...   $0 (05-14-2013 - MO)

Defendant Dawn Quang Tran pleaded not guilty by reason of insanity (NGI) to a sexual offense and was committed to a state mental hospital for treatment. (Pen. Code, § 1026.5, subd. (a).)1 Before the commitment expired, the Santa Clara County District Attorney filed a petition to extend it. (§ 1026.5, subd. (b).) At that time, the trial court was required to “advise the person named in the peti... More...   $0 (05-10-2013 - )

Before this Court on appeal is the dismissal of Petitioner Joseph DeLong's 28 U.S.C. § 2254 federal habeas corpus petition. After careful review, we remand to the district court. We begin by outlining the procedural posture of DeLong's case.

DeLong was convicted by a jury in Massachusetts state court on two indictments charging him with unarmed robbery, and sentenced to concurrent... More...   $0 (05-07-2013 - MA)

The People of California charged Richard Morris, Jr., age 59, with first-degree murder in conjunction with the death of James Stockwell, who owned the Mustang Topless Theater in Santa Ana, in 1987. Stockwell, also known as Jimmy Casino, was killed and his 22-year-old girlfriend was raped in Casino's condo. Investigation into who committed the crimes was thwarted until DNA evidence led to Morris' ... More...   $0 (05-01-2013 - CA)

The People of the State of California charged Shajia Ayobi, age 46, with first-degree murder in conjunction with the death of Ghulam Rabani Ayobi, age 53.

Defendant claimed that she killed her husband to defend herself from continued chronic domestic abuse and that she was in "imminent" threat to her when she killed him or had him killed.

California Penal Code Sections 187-199 pr... More...   $0 (05-01-2013 - CA)

Statutory language is important. It takes on added significance when a person‘s freedom is at stake. Under the Immigration and Nationality Act, immigration offi-cials ―shall take into custody any‖ deportable alien who has committed various crimes ―when the alien is re-leased‖ from detention for those crimes. 8 U.S.C. § 1226(c)(1). The Act requires officials to hold such aliens without a... More...   $0 (04-25-2013 - NJ)

Petitioner-Appellant Ali Saleh Kahlah al-Marri, a federal inmate, appeals from the district court’s judgment denying his petition for a writ of habeas corpus. 28 U.S.C. § 2241. Mr. al-Marri is serving a 100-month federal sentence for conspiracy to provide material support or resources to a foreign terrorist organization (al-Qaeda). 18 U.S.C. § 2339B(a)(1). He contends that he is entitled to Go... More...   $0 (04-24-2013 - CO)

Defendant Mildred Delgado was convicted of robbery (Pen. Code, § 211)1 and kidnapping for purposes of robbery (§ 209, subd. (b)(1)), on evidence from which a jury could have determined an accomplice, rather than defendant, personally performed the act of asportation necessary to the offense of kidnapping. He contends the trial court erred in failing to instruct, sua sponte, on the law of accompl... More...   $0 (04-04-2013 - CA)

Edgar Ortiz Marquez appeals from the denial of his petition for writ of habeas corpus. He seeks relief pursuant to Padilla v. Kentucky, 559 U.S. 356 (2010). Based upon recent case law determining that Padilla does not apply retroactively, we must affirm. Chaidez v. United States, 133 S. Ct. 1103 (2013); Ex parte De Los Reyes, No. PD-1457-11, 2013 WL 1136517 (Tex. Crim. App. March 20, 2013).1
More...   $0 (04-04-2013 - TX)

Larry Eugene Mann, a prisoner under sentence of death and under an active death warrant, appeals the circuit court’s orders denying his motion to vacate

- 2 -

sentence and public records requests filed pursuant to Florida Rules of Criminal Procedure 3.851 and 3.852 and petitions this Court for a writ of habeas corpus. We have jurisdiction. Art. V, § 3(b)(1), (9), Fla. Const. For t... More...   $0 (04-02-2013 - FL)

Isaiah Brady was convicted in Illinois state court of first-degree murder for the shooting death of Andrea McDaniel, his girlfriend and the mother of his eighteen-month-old daughter. Brady no longer disputes that he shot McDaniel, though he claims it was an accident and has proffered four wit

2 No. 11-3365

nesses to corroborate his story. None of them testified at trial, because ... More...   $0 (04-01-2013 - IL)

In August 2000, an Oklahoma state court jury convicted Clayton Lockett of 19 counts, including burglary, assault, rape, and first degree murder. He was sentenced to 2,285 years and 90 days of imprisonment for his non-capital crimes and sentenced to death for his murder conviction. The Oklahoma Court of Criminal Appeals (“OCCAâ€�) affirmed Mr. Lockett’s convictions and sentence and later denied... More...   $0 (04-01-2013 - OK)

After a Tennessee state court jury convicted
petitioner Derry Lovins of second-degree murder, the state trial court judge made
additional factual findings and enhanced Lovins’s sentence from twenty to twenty-three

1

No. 11-5545 Lovins v. Parker Page 2

years based on those findings. In this petition for a writ of habeas corpus under
28 U.S.C. § 2254, Lovins... More...   $0 (03-28-2013 - TN)

In 1992, a Tennessee jury convicted Petitioner-Appellant Henry Hodges of first-degree murder and sentenced him to death.

1

No. 09-5021 Hodges v. Colson Page 2

The state courts upheld the conviction and sentence on appeal and denied Hodges’s petition for post-conviction relief. Hodges then petitioned for federal habeas relief, which the district court denied. Hodges now appea... More...   $0 (03-26-2013 - TN)

This case arises from the denial of a motion for reimbursement of investigative fees in a capital postconviction proceeding, where the investigative fees exceeded the statutory cap for investigative expenses by an additional $1,844.1

1. Because the order concerns the payment of certain fees that were incurred during a postconviction death penalty proceeding filed under Florida Rule of Cri... More...   $0 (03-21-2013 - FL)

Daniel O. Conahan, Jr., appeals an order of the circuit court denying his motion filed under Florida Rule of Criminal Procedure 3.851 and petitions this

- 2 -

Court for a writ of habeas corpus.


I. BACKGROUND For the reasons that follow, we affirm the denial of his postconviction motion and deny his habeas petition.

Conahan was convicted of the 1996 first-de... More...   $0 (03-21-2013 - FL)

On January 16, 2013, we issued an order treating Whipple’s petition for
common law writ of habeas corpus as a Florida Rule of Appellate Procedure
9.141(d) petition alleging ineffective assistance of appellate counsel, and denied
the petition. At the same time, we ordered Whipple to show cause why he should
not be prevented from filing further pro se appeals, petitions, or motions... More...   $0 (03-20-2013 - FL)

This case returns to us after the Supreme Court’s review in Reynolds v. United States, 132 S. Ct. 975 (2012). Remand requires that we reach the merits of Reynolds’s claim that the regulatory rule upon which his

3

indictment was based was promulgated in violation of the Administrative Procedure Act (“APAâ€�). This claim gives rise to three questions: (1) What is the appropri... More...   $0 (03-14-2013 - PA)

In 2005, William Scott MacDonald was convicted after a bench trial in the Circuit Court of the City of Colonial Heights, Virginia, of two offenses: the misdemeanor offense of contributing to the delinquency of a minor, in contravention of Virginia Code section 18.2-371; and the felony offense of violating the Commonwealth’s criminal solicitation statute, found in section 18.2-29. The criminal so... More...   $0 (03-13-2013 - VA)

This appeal raises first-impression issues regarding the burden of proof when a criminal defendant asserts immunity from criminal prosecution under the justified use-of-force provisions of K.S.A. 21-3219. We hold that the burden of production to negate a claim of immunity rests with the State and the controlling standard of proof is probable cause. Applying those holdings to the facts of this case... More...   $0 (03-01-2013 - KS)