Legal Opinion
Hernandez v. Wallace
District Court, E.D. Wisconsin
Decided December 11, 2007No. 07C0417PublishedCited by 3 opinions
1Opinion of the Court
DECISION AND ORDER
LYNN ADELMAN, District Judge.
Arturo Hernandez brings this petition for a writ of habeas corpus under 28 U.S.C. § 2254. He challenges his state drug trafficking conviction on the ground that his trial counsel was constitutionally ineffective. Respondent moves to dismiss the petition for lack of jurisdiction, arguing that it is a second petition and therefore barred by 28 U.S.C. 2244(b). Petitioner admits that he initiated a previous case by filing a document entitled “Petition for Writ of Habeas Corpus,” but argues that he did not bring it under § 2254 and that it does not…
2Cases cited17 opinions
- Heck v. HumphreySupreme Court of the United States · 1994
- Rumsfeld v. PadillaSupreme Court of the United States · 2004
- Braden v. 30th Judicial Circuit Court of KentuckySupreme Court of the United States · 1973
- Gonzalez v. CrosbySupreme Court of the United States · 2005
- Eric Martin v. William OvertonCourt of Appeals for the Sixth Circuit · 2004
12 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Bell v. North DakotaDistrict Court, D. North Dakota · 2008
- Chestnut v. Milwaukee County Circuit CourtDistrict Court, E.D. Wisconsin · 2023
- Warren v. State of WisconsinDistrict Court, E.D. Wisconsin · 2024