The EDTX Criminal Defense Blog is dedicated to providing news and notes regarding federal criminal practice in the Eastern District of Texas. Please email Carlo D'Angelo any news (including verdicts, rulings, etc) to be posted at carlo@dangelolegal.com

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Tuesday, October 4, 2011

October 2011 Term: Criminal Cases Up For Argument

10-63 Maples v. Thomas: Whether the Eleventh Circuit properly held that there was no cause to excuse any procedural default where petitioner was blameless for the default, the state's own conduct contributed to the default, and petitioner's attorneys of record were no longer functioning as his agents at the time of any default.

10-680 Howes v. Fields: Whether this Court's clearly established precedent under 28 U.S.C. § 2254 holds that a prisoner is always "in custody" for purposes of Miranda any time that prisoner is isolated from the general prison population and questioned about conduct occurring outside the prison regardless of the surrounding circumstances.

10-1001 Martinez v. Ryan: Whether a defendant in a state criminal case who is prohibited by state law from raising on direct appeal any claim of ineffective assistance of trial counsel, but who has a state-law right to raise such a claim in a first post-conviction proceeding, has a federal constitutional right to effective assistance of first post-conviction counsel specifically with respect to his ineffective-assistance-of-trial-counsel claim.


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