Thursday, June 23, 2005
The Supreme Court released 3 new crim decisions today. The following is from BNA.com, and I have provided links to obtain these decisions:
Halbert v. Michigan, No. 03-10198 -- Defendants who plead guilty or nolo contendere are entitled, under the equal protection and due process clauses, to appointment of counsel for an appeal. Decision here.
Mayle v. Felix, No. 04-563 -- An amended habeas corpus petition that asserts a new ground for relief supported by facts that differ in both time and type from those set forth in the original pleading does not relate back to the filing date of the original pleading for purposes of avoiding the
one-year limitations period in the Antiterrorism and Effective Death Penalty Act. Decision here.
Gonzalez v. Crosby, No. 04-6432 -- A state prisoner's Fed.R.Civ.P. 60(b) motion challenging the denial of habeas corpus relief that does not present a new claim is not subject to the restrictions placed on "second or successive" habeas petitions by the Antiterrorism and Effective Death
Penalty Act. Decision here.