Monday, September 18, 2006

Petitioner made dillengent efforts

Boyd v. Newland, 455 F.3d 897 (9th Cir. 2006)(2254)(without entire voir dire transcript Cailifornia appellate court could not have evaluated relevant circumstances surrounding preemtory strike of African-American juror, as required by Batson.
Roy v. Lampert, 455 F.3d 945 (9th Cir. 2006)(2254)(petitioner made dillengent efforts to pursue federal habeas review entitling them to evedentiary hearing on equitable tolling claims).
US v. Cousins, 455 F.3d 1116 (10th Cir. 2006)(defendant's prior state conviction for misdemeanor receiving stolen goods should not have been included in calculation of his criminal history; defendant could challenge constitutionality of prior state conviction on Sixth Amendment grounds, and government waived right to argue that case issued after defendant's prior conviction did not apply retroactively).

No comments: