Morris v. Dretke, --- F.3d ----, 2004 WL 1627254, 5th Cir.(Tex.), Jul 21, 2004 COA granted permitting further litigation on issue on mental retardation
Losses
Kelley v. Secretary For Dept. Of Corrections,--- F.3d ----, 2004 WL 1637062, 11th Cir.(Fla.), Jul 23, 2004
Sibley v. Culliver,--- F.3d ----, 2004 WL 1620831, 11th Cir.(Ala.), Jul 21, 2004
People v. Campbell,--- F.3d ----, 2004 WL 1621648, 11th Cir.(Ala.), Jul 21, 2004
Conner v. McBride, --- F.3d ----, 2004 WL 1609325, 7th Cir.(Ind.), Jul 20, 2004
(Holdings: The Court of Appeals, Kanne, Circuit Judge, held that:
(1) finding that petitioner's confession was voluntary was reasonable; (2) finding that no ex parte jury communication occurred during deliberations was reasonable; and (3) finding that counsel's investigation did not fall below prevailing professional standards was reasonable.)
Richmond v. Polk, --- F.3d ----, 2004 WL 1616359, 4th Cir.(N.C.), Jul 20, 2004
(Holdings: The Court of Appeals, Gregory, Circuit Judge, held that:
(1) North Carolina statute requiring accompanying affidavits in support of post-conviction motion was adequate and independent state ground for procedural default on ineffective assistance claims; (2) petitioner did not show cause to excuse procedural default; (3) petitioner did not show that he was actually prejudiced as result of default; (4) state court's rejection of Morgan claim regarding voir dire was neither contrary to nor unreasonable application of Supreme Court precedent; (5) state court unreasonably applied Simmons rule regarding instruction on parole ineligibility; and (6) petitioner was not entitled to habeas relief due to his inability to show that Simmons error was not harmless under Brecht standard.)
Sims v. Dretke, 2004 WL 1629769, N.D.Tex., Jul 20, 2004 (recommending denial)
Evans v. State, 2004 WL 1635610, Md., Jul 23, 2004
Hyde v. State, 2004 WL 1637020, Ala.Crim.App., Jul 23, 2004
