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Name: Burton v. Stewart
Case #: 22-May
Court: US Supreme Court
District USSup
Opinion Date: 01/09/2007
Subsequent History: 127 S.Ct. 793; 166 L.Ed.2d 628

On a grant of certiorari to decided if Blakely (Blakely v. Washington, 542 U.S. 296 (2004) was a new rule and if it applied retroactively on collateral review, the court did not reach the issue, finding that because appellant had not complied with the "gatekeeping" requirements AEDPA, the District Court had no jurisdiction to hear the claims. Specifically, appellant had not met the "stringent set of procedures" required for the filing of a second or successive habeas corpus…

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Name: Youngblood v. West Virginia
Case #: May-97
Court: US Supreme Court
District USSup
Opinion Date: 06/19/2006
Subsequent History: 126 S.Ct. 2188; 165 L.Ed.2d 269

New and undiscovered impeachment evidence may constitute exculpatory evidence within the meaning of Brady v. Maryland (1963) 373 U.S. 83. A state prisoner convicted of sexual assault moved to set aside the verdict based on a newly disclosed document that would have impeached the women who had testified against him at his trial. The state courts denied relief, but the United States Supreme Court granted a petition for certiorari, vacated the judgment, and remanded for consideration of the Brady claims. The Court noted that the Brady claim was not defeated by the fact that the document’s existence…

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Name: Johnson v. California
Case #: Mar-39
Court: US Supreme Court
District USSup
Opinion Date: 05/03/2004
Subsequent History: cross-cites: 124 S.Ct. 1833; 158 L.Ed2d 696

The United States Supreme Court lacks jurisdiction to a review a state court decision that remands the case for further proceedings. Here the published portion of the California Court of Appeal decision addressed a Wheeler/Batson issue, which was subsequently also addressed by the California Supreme Court, resulting in a "remand for further proceedings." The unpublished portion of the Court of Appeal opinion had addressed other issues for the guidance of the trial court on remand. Because the petition for certiorari included only the published portion of the Court of Appeal opinion, the United States Supreme Court had…

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