Criminal Law - Habeas corpus, AEDPA

Posted November 13, 2019 3:07 PM

Where a prisoner argued an appellate counsel was ineffective for failing to challenge a sentence under an Indiana Appellate Court rule, the issue was not one of misapplication of federal law. Further, the prisoner was not entitled to habeas relief.The 7th U.S. Circuit Court of Appeals reversed a decision by U.S. District Judge William T. Lawrence, Southern District of Indiana.John Kimbrough dated the mother of a 5-year-old daughter, a 7-year-old daughter and a son with cerebral palsy. Eventually, the daughters revealed …

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Criminal procedure — waiver of counsel

Where defendant waives his right to counsel, the court must provide admonishments under Illinois Supreme Court Rule 401(a) at that point in time, prior admonishments do not suffice.
Jail — suicide

Where detainee told jail officers he was not considering suicide, and jail took precautions to frequently observe detainee for unusual behavior, detainee’s suicide did not render jail’s precautions constitutionally inadequate.
Civil procedure — additur

Where a court agreed to alter a jury award under additur as inconsistent with the verdict, the court must either obtain the defendant’s consent or initiate a new trial on damages.
Social Security — detail of ALJ opinion

Where social security claimant argued ALJ included insufficient amount of medical record in decision, panel rejected argument, finding that summary was enough to support ALJ’s reasoning.
Torts — proximate cause

Where plaintiff is injured when a person crashes their car into a business plaintiff is patronizing, the incident may be foreseeable and does not preclude proximate cause by the business.
Sentencing — application note

Where court declined to revisit precedent deferring to application note’s interpretation of provision of Sentencing Guidelines.
Criminal procedure — denial of sentencing credit

Where defendant petitions seeking sentencing credit and the petition is denied, the denial is not a final or appealable order and the appellate court lacks jurisdiction to consider it.
Family law — dissolution of marriage proceedings

Where a party in an ongoing dissolution of marriage proceedings is ordered to pay attorney fees for a related probate proceeding, that order is not final and appealable.