Callahan v. Campbell, 04-12009.
| Decision Date | 18 January 2005 |
| Docket Number | No. 04-12009.,04-12009. |
| Citation | 396 F.3d 1287 |
| Parties | James CALLAHAN, Petitioner-Appellee, v. Donal CAMPBELL, Commissioner, Alabama Department of Corrections, Attorney General of Alabama, Respondents-Appellants. |
| Court | U.S. Court of Appeals — Eleventh Circuit |
J. Clayton Crenshaw, Montgomery, AL, for Respondents-Appellants.
M. Bradley Almond (Court-Appointed), M. Bradley Almond, LLC, Tuscaloosa, AL, Randall S. Susskind (Court-Appointed), Equal Justice Initiative of Alabama, Montgomery, AL, for Petitioner-Appellee.
Appeal from the United States District Court for the Northern District of Alabama.
Before: TJOFLAT, BLACK and WILSON, Circuit Judges.
The amended habeas corpus petition in this case presented numerous constitutional claims. On October 18, 2002, the magistrate judge addressed nine claims and issued a report and recommendation denying relief on all counts.1 Petitioner objected to the report and recommendation as to eight of his claims.2 The district court granted the petition, but only addressed the merits of two issues.3 Subsequently, the court granted a certificate of appealability on all successfully preserved issues (eight) despite having addressed only two.
In Clisby v. Jones, this Court "express[ed] our deep concern over the piecemeal litigation of federal habeas petitions filed by state prisoners, as exemplified by the district court's failure to resolve all claims in this case." 960 F.2d 925, 935 (11th Cir.1992) (en banc). When a district court does not address all such claims, we "will vacate the district court's judgment without prejudice and remand the case for consideration of all remaining claims whenever the district court has not resolved all such claims." Id. at 938.
We therefore vacate the district court's judgment without prejudice, vacate the certificate of appealability, and remand with instructions that the district court rule on the merits of the following eight claims:
(1) he received ineffective assistance of counsel due to his trial counsel's failure to object to the admission of his statements;
(2) he received ineffective assistance of counsel at sentencing due to his counsel's failure to investigate and present additional mitigating evidence;
(3) the trial judge's failure to recuse himself violated his Sixth Amendment and due process rights to a fair trial;
(4) the jury improperly considered extraneous evidence;
(5) he was deprived of a fair trial because one of the jurors failed to accurately answer voir dire questions;
(6) his statements should have not been admitted because they were involuntary and were obtained in violation of the right to counsel;
(7) he was deprived of the right to a fair trial by the State's racially discriminatory use of its peremptory challenges; and
(8) he received ineffective assistance of counsel due to his trial counsel's failure to object to the state's racially discriminatory use of its peremptory challenges.
After ruling on the merits, the district court shall determine on which, if any, of petitioner's claims to grant a certificate of appealability. Realizing the issues have already been fully briefed and presented to the district court, the district court shall enter its judgment and...
To continue reading
Request your trial
-
Callahan v. Campbell
...filed a petition for habeas corpus in the Northern District of Alabama, raising a total of nine claims. Callahan v. Campbell, 396 F.3d 1287, 1288 n. 1 (11th Cir.2005) (Callahan V) (listing the claims). Callahan's petition was referred to Magistrate Judge Harwell G. Davis III on June 8, 2001......
-
McWilliams v. Campbell
...issues," i.e., those claims Petitioner objected to from the magistrate judge's Report and Recommendation. See Callahan v. Campbell, 396 F.3d 1287, 1288-89 (11th Cir. 2005). That does not require the district court, however, to provide a detailed explanation as to why it is overruling each o......
-
McNair v. Allen
...and twice this court reversed. See Callahan v. Haley, 313 F.Supp.2d 1252 (N.D.Ala.2004), vacated and remanded sub. nom. Callahan v. Campbell 396 F.3d 1287 (11th Cir.2005); Callahan v. Campbell 427 F.3d 897 (11th Cir.2005). On October 10, 2006, the Supreme Court denied Callahan's petition fo......
-
Popowski v. Parrott, No. 05-10235.
...We will not review the merits when the district court has not yet had the opportunity to do so. See, e.g., Callahan v. Campbell, 396 F.3d 1287, 1289 (11th Cir.2005) (per curiam). Accordingly, we vacate the denial of these motions and leave the district court to consider the merits of each o......