Daily Case Update Archive

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April 5, 2007

Ohio Supreme Court | Ohio First District | U.S. 6th Circuit - Ohio | U.S. 6th Circuit - Other States
 

TOPICS:
- Habeas petition
- Motion to reopen
 

Ohio Supreme Court

 

No Opinions.
 

First District Court of Appeals

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U.S. Sixth Circuit Court of Appeals:  Ohio Cases

 

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U.S. Sixth Circuit Court of Appeals: Other States Cases

 

Cress v. Palmer (April 5, 2007) (Appeal from W.D. Mich.)
-  http://www.ca6.uscourts.gov/opinions.pdf/07a0124p-06.pdf
-  The petitioner, Thomas Cress, is a Michigan state prisoner serving a life sentence for first-degree felony murder. He appeals from the district court's order dismissing his second habeas petition, filed pursuant to 28 U.S.C. § 2254. The petitioner contends that his due process rights were violated when (1) physical evidence related to his case was destroyed after his appeals were completed, (2) the state post-conviction court rejected as incredible the recantation evidence that he proffered, and (3) the state post-conviction court did not grant him relief based on evidence indicating his innocence. The district court denied relief on the merits. Because the record establishes that the petitioner's claims are not cognizable on habeas review, we conclude that the district court should have dismissed the petition for lack of jurisdiction, and we therefore affirm the order of dismissal, but for a different reason from that given by the district court.
 
Tapia-Martinez v. Gonzales (April 5, 2007) (Appeal from Board of Immigration Appeals)
-  http://www.ca6.uscourts.gov/opinions.pdf/07a0125p-06.pdf
-  Petitioner, Dolores Tapia-Martinez, seeks judicial review of a decision of the Board of Immigration Appeals ("BIA"), denying her second motion to reopen as numerically barred under 8 C.F.R. § 1*3.2(c)(2). Petitioner asserts that because her second motion to reopen is based on ineffective assistance of counsel, equitable tolling should apply. Petitioner also argues that review by a three-member panel pursuant to 8 C.F.R. § 1003.1(e)(6)(v) is warranted. We AFFIRM.
 

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