#Postconviction
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law360.bsky.social
The high court will hear arguments in cases including a dispute over the constitutionality of the last remaining provision of the Voting Rights Act and whether federal prisoners seeking postconviction relief are subject to the same rules as state inmates.
Up Next At High Court: Voting Rights & Warrantless Entries - Law360
The U.S. Supreme Court will return Tuesday to hear oral arguments in four cases, including a dispute over the constitutionality of the last remaining provision of the Voting Rights Act and whether federal prisoners seeking postconviction relief are subject to the same rules as state inmates.
www.law360.com
October 14, 2025 at 1:00 PM
bannerite.bsky.social
A look ahead: The U.S. Supreme Court is set to hear a series of cases that could significantly impact the legal landscape on issues of voting rights, postconviction relief, restitution awards, and warrantless home entries.
legalnewsfeed.com/2025/10/10/s...
Supreme Court to Hear Pivotal Cases on Voting Rights, Postconviction Relief, and Fourth Amendment
The U.S. Supreme Court is set to hear a series of cases that could significantly impact the legal landscape on issues of voting rights, postconviction relief, restitution awards, and warrantless ho…
legalnewsfeed.com
October 12, 2025 at 9:51 PM
citizenptnewsus.bsky.social
In a landmark 6-3 decision, the Supreme Court has opened the door for death-row inmates to challenge Texas's restrictive DNA-testing statute, potentially reshaping the future of postconviction justice.

Click to read more!

#US #CitizenPortal #TexasDNA #DueProcess #LegalReform
Supreme Court restores standing for DNA-testing challenge to Texas Article 64 in 6-3 ruling
In Gutierrez v. Sanz, the Supreme Court reversed the Fifth Circuit and held that a broad constitutional challenge to Texas’s postconviction DNA-testing rule (Article 64) can satisfy Article III redressability even if prosecutors might later raise other reasons to deny testing.
citizenportal.ai
October 11, 2025 at 12:24 AM
citizenptnewsus.bsky.social
The Supreme Court's landmark ruling now allows defendants to challenge their convictions based on the admission of unduly prejudicial evidence, potentially reshaping postconviction litigation.

Learn more here!

#US #CitizenPortal #DueProcess #PostconvictionRelief #SupremeCourt
Supreme Court says Payne v. Tennessee provides clearly established due-process rule for AEDPA claims in 7-2 per curiam decision
In Andrew v. White, the Supreme Court held 7–2 that the rule in Payne v. Tennessee — that unduly prejudicial evidence can render a trial fundamentally unfair — qualifies as "clearly established" federal law under the Antiterrorism and Effective Death Penalty Act (AEDPA), reopening a path to habeas relief for some defendants.
citizenportal.ai
October 11, 2025 at 12:24 AM
ehenak.bsky.social
Agreed. The WI deviation allows for postconviction motions and IAC claims on direct appeal when an appointed appellate defender is also a right
September 28, 2025 at 4:32 AM
mattcameron.bsky.social
Happy to discuss this off of Bluesky, but tbc I am among other things a postconviction criminal defense attorney. I have personally reversed the convictions of at least a dozen factually innocent defendants. It brings me no pleasure to do this.
September 26, 2025 at 3:15 PM
mattcameron.bsky.social
In its desperation to redirect the "Serial" audience and not have to engage with the messy facts of the postconviction proceedings, the doc strongly implies that a poor Black man killed Hae--and then gratuitously both names and shows you a fully nude photo of him w/o his consent. Cue "Serial" piano
September 22, 2025 at 11:18 AM
michaelkarlik.bsky.social
Colorado's justices agreed to address a problem they created in saying defendants whose appeals aren't final can file postconviction motions if they want to take advantage of a favorable change in law. A defendant tried that and lower courts blocked him:
www.coloradopolitics.com/2025/09/11/c...
Colorado justices accept restitution appeal, agree to sort out confusion from prior ruling
The Colorado Supreme Court announced on Monday that it will hear yet another case about crime victim restitution and will also address a problem created by one of its prior decisions that restricted h...
www.coloradopolitics.com
September 12, 2025 at 4:37 PM
copblaster.bsky.social
ARCHIVE: U.S. Probation Post Conviction Risk Assessment #USProbation #ProbationOfficer #PostConviction #RiskAssessment #CriminalJustice
U.S. Probation Post Conviction Risk Assessment
This past week I received an email from my probation officer (PO) at the United States Probation Off... #usprobationdocuments #governmentforms
copblaster.com
September 2, 2025 at 5:27 PM
michaelkarlik.bsky.social
If a defendant is making a postconviction challenge and his lawyers need the evidence from trial, can judges order the DA's office to turn over the materials again? The Colorado Supreme Court may now weigh in, considering there is no uniform approach here:
www.coloradopolitics.com/2025/08/27/c...
Colorado justices may address whether defendants have right to review evidence when challenging convictions
The Colorado Supreme Court signaled on Tuesday that it may decide whether defendants challenging their criminal convictions due to ineffective assistance of counsel are entitled to the evidence the pr...
www.coloradopolitics.com
August 28, 2025 at 6:32 PM
californiarja.bsky.social
Habeas Path

🧰Lashon shows that forfeited RJA claims may still survive via habeas corpus petitions.

Appellate relief denied, but habeas remains a safety net.

Read the full breakdown: californiarja.wordpress.com/2025/08/24/p...

#Postconviction #CARJA #PC745 #AB1118 #CaliforniaRacialJusticeAct #RJA
📄People v. Lashon
Court: California Court of Appeal, First Appellate District, Division Three Case No.: A163074 Opinion Date: January 8, 2024 Citation: 2024 WL 95553 Status: Published Posture: Appeal from criminal c…
californiarja.wordpress.com
August 27, 2025 at 4:41 PM
benrowswell.bsky.social
An extraordinary postconviction court hearing was held to give family members of a serial killer to articulate how deeply the murder of Ashlee Shingoose has affected them. www.theglobeandmail.com/canada/artic...
Family of Ashlee Shingoose delivers tearful victim-impact statement
After a months-long trial, Jeremy Skibicki was convicted last year for the first-degree murders of four First Nations women including Shingoose
www.theglobeandmail.com
August 16, 2025 at 12:50 PM
tonyapanovitch.bsky.social
2/2 Moving this bill forward is an important step in making the criminal justice system safer and more effective for everyone.

Postconviction evidence of innocence should never be buried or blocked, especially for DNA tests requested by the government that ultimately show one's innocence.
July 15, 2025 at 3:17 PM
tonyapanovitch.bsky.social
1/2 This #GeneralAssembly for #Ohio has a bill (House Bill 177), sponsored by reps @desireetims.bsky.social and Josh Williams, that would expand postconviction relief based on new evidence.

Under current OH law, those on death row cannot always get a new trial even for new DNA that exonerates them.
July 15, 2025 at 3:15 PM
law360.bsky.social
An appeals court in Illinois has ruled that a man accused of committing a drive-by shooting in Chicago must be given a second chance at a postconviction petition because his counsel had not properly made arguments about evidence that could exonerate him. www.law360.com/artic...
Illinois Court Orders Additional Look At Shooting Conviction - Law360
An appeals court in Illinois has ruled that a man accused of committing a drive-by shooting in Chicago must be given a second chance at a postconviction petition because his counsel had not properly made arguments about evidence that could exonerate him.
www.law360.com
July 2, 2025 at 8:45 PM
ajbsaysthings.bsky.social
Not only a months-long trial but *decades* of postconviction litigation.
July 2, 2025 at 1:32 AM
sababausa.bsky.social
This case is procedurally complex AF, bc the basis for the Due Process claim wasn’t “Texas postconviction DNA rules prevent raising actual innocence”, it’s that the rules prevent uncovering new evidence that’d provide ground for a “second or successive” TX habeas petition under TX’s version of AEDPA
June 26, 2025 at 6:40 PM
michellepitcher.bsky.social
INBOX: Last summer, Ruben Gutierrez got within 20 minutes of execution before the U.S. Supreme Court stepped in. For years, he's been asking for pieces of evidence to be DNA tested. Today, #SCOTUS ruled that he has the right to challenge the Texas law that's standing in his way.
U.S. SUPREME COURT RULES RUBEN GUTIERREZ HAS STANDING TO CHALLENGE THE CONSTITUTIONALITY OF THE TEXAS POST-CONVICTION DNA STATUTE (Thursday, June 26, 2025, Washington, D.C.) Today, the United States Supreme Court ruled, in a 6-3 opinion, that Texas death row prisoner Ruben Gutierrez should be permitted to continue his lawsuit challenging the constitutionality of the Texas post-conviction DNA statute. Mr. Gutierrez was convicted of capital murder and sentenced to death in 1999 even though no physical or forensic evidence connects him to the crime. The Court held that “Gutierrez has standing to bring his §1983 claim challenging Texas’s postconviction DNA testing procedures under the Due Process Clause.”
June 26, 2025 at 3:28 PM
lizwebby.bsky.social
Although we still don't have a constitutional right to postconviction DNA testing, SCOTUS decision in Gutierrez v. Saenz sends a message to death penalty states to offer meaningful opportunity for relief, regardless of innocence claim. Finally, some good news. www.supremecourt.gov/opinions/24p...
www.supremecourt.gov
June 26, 2025 at 3:28 PM
gabrielmalor.bsky.social
Third SCOTUS decision this morning (and not the last) is from Justice Sotomayor, 6-3. (CJ Roberts and Justice Barrett join the liberal trio.)

Held: death row inmate has standing to bring a due process claim alleging the denial of postconviction DNA testing.

ANOTHER reversal for the 5th Cir.
June 26, 2025 at 2:17 PM
thebombshelter.bsky.social
I always say it with two, and wish my clients a blessed day on a not infrequent basis. Since I mostly do postconviction work with people who are already sentenced prisoners, to say "welcome in" would be unbelievably sadistic.
June 25, 2025 at 5:51 PM
dkluft.bsky.social
#LegalEthics Tidbit: If my criminal defense lawyer has never defended a felony before, is that automatically ineffective assistance of counsel?

A CO client pled guilty to aggravated motor vehicle theft (of her dad’s truck). She later filed a postconviction ... (cont.)

lnkd.in/e7qC6WFJ
#lawsky #law
Image of little girl in oversized yellow suit playing with typewriter. Image by Cottonbro Studio via Pexels
June 19, 2025 at 12:15 PM
citizenptnewsma.bsky.social
Massachusetts is paving the way for survivors of abuse to seek justice through new avenues for pretrial diversion and postconviction relief.

Learn more here!

#MA #CitizenPortal #JusticeReform #VictimSupport #LegalAid
Massachusetts Survivors Act allows defendants to seek relief for abuse-related offenses
Survivors of abuse may file for pretrial diversion or postconviction relief in Massachusetts.
citizenportal.ai
June 15, 2025 at 10:50 AM
charizardlotte.bsky.social
me when postconviction counsel calls
evil Kermit meme
June 12, 2025 at 10:33 PM
chrisgeidner.bsky.social
Lawyers for Anthony Wainwright filed another petition and application for a stay of execution today, out of the 11th Circuit. (Docket Nos. 24-7365/24A1202.)

Here are the questions presented:
*** CAPITAL CASE *** QUESTIONS PRESENTED Throughout Anthony Wainwright's under-warrant litigation, his sole objective was to have his substantial claims of constitutional deprivation and error heard by the courts. When he was denied that right due to an arbitrary and flawed process, he sought refuge from the federal courts under the promise that they would vindicate his rights to Due Process and Equal Protection under the U.S. Constitution. However, in the courts below, Mr. Wainwright was subjected to an overly burdensome dismissal standard under Fed. R. Civ. P. 12(b)(6). On appeal, and again without notice or opportunity to be heard, the Eleventh Circuit harnessed an arcane and disfavored legal doctrine to evade engaging with his compelling claim that the Florida state courts capital postconviction process does not comply with Due Process or Equal Protection. In these last hours before a grave miscarriage of justice, this Court must step in to correct not just the error that has occurred in Mr. Wainwright's case, but also to prevent the constitutional harms of the defective postconviction process, which would deprive a defendant of his choice of counsel in his most vulnerable time. This Court should provide the opportunity for Mr. Wainwright to finally be heard through a grant of certiorari. The questions presented in this petition are: 1. Whether a State violates the Due Process Clause of the Fourteenth Amendment when it mandates that capital litigants have counsel during their state postconviction proceedings, yet precludes them from accessing the state-created habeas process with their pro bono counsel of choice? 2i. Whether a system that functionally prevents a litigant from presenting claims to the courts with choice of counsel satisfies the right to due process and access to the courts? 3. Whether a State violates the Equal Protection Clause of the Fourteenth Amendment when it precludes indigent capital litigants under a death warrant from proceeding with their qualified pro bono counsel of choice, where no prejudice to the State or administration of justice would occur and a non-indigent litigant would be entitled to such a choice? 4. Whether a court may justify denying relief by sua sponte raising the Rooker-Feldman doctrine, which was found to "probably" apply, to avoid addressing the merits of a § 1983 action challenging the constitutionality of a state's capital postconviction process governed by statutes and procedural rules?
June 10, 2025 at 2:23 PM