Thursday, April 21, 2011

Fourth Circuit upholds habeas grant

Tice v. Johnson, No. 09-8245 (4th Cir. Apr. 20, 2011)

The Eastern District of Virginia granted Derek Tice habeas relief on September 14, 2009 because his trial attorneys failed to suppress his coerced confession.  In the present opinion, the Fourth Circuit affirms the district court's grant.  The Fourth Circuit's analysis does not provide many opportunities for comment on procedural habeas law.  Nevertheless, Fourth Circuit Habeas would be remiss without mentioning this published habeas affirmation.  For more information on this case, see here.

As an aside, this is the first opportunity that the Fourth Circuit has taken to cite to the recent Supreme Court case Cullen v. Pinholster.

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