[PDF] Top 20 El Muro como frontera; su caída como proceso: a treinta años de la caída del Muro de Berlín

... On appeal to the United States Court of Appeals for the Fourth Circuit, Eaton raised numerous claims of error, including: (1) the district court's finding that his ineffective[r] ... See full document

... In Faulder, the court of appeals held that an arrestee's rights under the Vienna Convention were violated when Texas author- ities did not inform him of his right to co[r] ... See full document

... On federal habeas, the United States District Court, Fourth Circuit, determined that the jury instruction imper- missibly shifted the burden of proof on the issue of mali[r] ... See full document

... The United States Court of Appeals for the Fourth Circuit affirmed the district court's dismissal of Stewart's petition for a writ of habeas corpus, finding all of Stewart's [r] ... See full document

... The United States Court of Appeals, Fourth Circuit, in vacating the district court's judgment and remanding for first instance consideration of Skipper's claims on the mer[r] ... See full document

... 83 (1963), by failing to inform him prior to his 1988 retrial in asper County that Hess, who had testified in the first trial that Johnson had kiled Swansen and Trooper Smal[r] ... See full document

... In holding that this claim was procedurally defaulted, the court said that although Beavers mentioned "[tirial counsell's failure] to request, and the trial court'[r] ... See full document

... The Fourth Circuitreversed and held: (1) Pope's federal due process claim was not procedurally barred due to his failure to couch the claim in explicit federal constitutional term[r] ... See full document

... King next argued that his counsel's representation was ineffective during the penalty phase of the trial because counsel failed to develop mitigating evidence concerning abuse K[r] ... See full document

... -ourt applied theRule 52(b) limitations to appellate review ofprocedurally Forfeited assignments of error. In the instant case, defense counsels' Failure to object during voir dir[r] ... See full document

... If these arguments fail, an alternative is to submit a proposed jury instruction defining the "vileness" factor which provides a more mean- ingful distinction for the senten[r] ... See full document

... Before proceeding to the cause and prejudice analysis, however, it must first be established that petitioner truly defaulted the issue. The district court decided that Barnes h[r] ... See full document

... The Fourth Circuit disagreed because Matthews had not presented the claim in his pretrial motion to the Supreme Court of South Carolina and, in any event, the court found that the[r] ... See full document

... The court of appeals found that Beaver was not entitled to an evidentiary hearing on his conflict of interest and ineffective assistance of counsel claims because he was [r] ... See full document

... or readily available to the defense have not gone as far as the Fourth Circuit. In describing the inadequacy of Hoke's investigation into Stell's prior relationships and sexua[r] ... See full document

... He noted that, logically, the same Consti- tution that entitled a defendant to rebut future dangerousness with evidence of his good behavior in jail (Skipper) must also entitl[r] ... See full document

... 51 Second, at the time of Plath's appeal, the South Carolina Supreme Court operated under a custom of "'reviewing closing arguments in capital cases regardless of whethe[r] ... See full document

... Satcher then filed a petition for a writ of habeas corpus in the United States District Court for the Eastern District of Vruginia."The district court granted the writ on[r] ... See full document

... with it were evidence of how ambiguous court orders can lead to misunderstandings of what has and has not been considered by reviewing courts. Second, this decision is in [r] ... See full document

... In his petition for federal habeas corpus in the United States District Court for the Western District of North Carolina, Hill raised claims regarding 1) the trial judge's[r] ... See full document