Habeas Corpus

United States v. Winbush (P)

The district court erred in substituting a previously unidentified conviction to sustain the appellant’s “career offender” designation. Thus, he must be resentenced without that enhancement. By habeas petition, the appellant brought a claim for ineffective assistance of counsel based on… Read More ›

Hayes v. Carver (P)

The district court properly dismissed a habeas petitioner’s claim of actual innocence. He was convicted of two counts of second-degree murder and sentenced to two consecutive life terms. Here, the totality of the evidence fails to meet the exacting standard for… Read More ›

Khavkin v. Clarke

The court will not dismiss the pending petition for habeas corpus. The petitioner contends that his trial counsel had a conflict of interest and that, as a result, counsel coerced him to plead guilty. Sufficient evidence exists to show at… Read More ›

Brown v. Warden (P)

The petition for habeas corpus before this court should be dismissed. In 1970, the petitioner was convicted of the murder of a 4-year-old child. His original death sentence was vacated following Furman v. Georgia, 408 U.S. 238 (1972), and he… Read More ›