habeas corpus Archives - Cockle Legal Briefs

The Long Life and Now Death of the Virginia Sodomy Statute

Even though the Supreme Court invalidated this country’s sodomy laws ten years ago in Lawrence v. Texas, the State of Virginia has continued to press forward with prosecuting a few people for consensual sex acts. That is until yesterday, when a panel of the Fourth Circuit held the Virginia statue is unconstitutional [...]

Third Circuit Rules that Padilla v. Kentucky is Retroactively Applicable on Habeas

Shon R. Hopwood2019-03-18T18:47:56-05:00June 29th, 2011|Tags: habeas corpus, new rule, Padilla v. Kentucky, retroactivity, United States v. Orocio|

The Third Circuit took the unusual step of declaring a Supreme Court opinion (Padilla v. Kentucky, 130 S.Ct. 1473 (2010)) retroactively applicable to defedants filing habeas corpus motions. The case is United States v. Orocio and the opinion can be found here. For those who do not regularly follow post-conviction and habeas [...]