In 1992, Michael Wyzykowski was charged in Palm Beach County, Florida, with the first-degree murder of Fred Butterworth. Mr. Wyzykowski was also charged with the attempted burglary of shoes from Butterworth’s home. On the advice of his attorney, Mr. Wyzykowski pleaded guilty to second-degree murder and was sentenced to twenty-three years in a Florida state prison.
After approximately five years in prison, Mr. Wyzykowski filed a pro se federal habeas corpus petition pursuant to 28 U.S.C. § 2254 in the Southern District of Florida in July 1997, claiming that he had been denied his Sixth Amendment right to effective assistance of counsel. Under federal laws 28 U.S.C. §§ 2241 and 2254, state prisoners who claim to be held in custody by a state government in violation of the Constitution, treaties, or laws of the United States may file a petition for a writ of habeas corpus in federal court. A federal court may order the release of a state prisoner who it determines is being held by a state in violation of federal law.
Ever since Boumediene was decided federal judges have not applied the full force of all six of Boumediene’s holdings to immigrant habeas cases, and as a direct result immigration advocates lost their most important cases to date.
Scholars discuss the most significant immigration-related cases before the U.S. Supreme Court, their ramifications, and what to expect in 2020.
Experts discuss legal developments and related ramifications one year after President Trump declared a national emergency at the U.S. Southern Border with Mexico in order to build a wall.
Do new domestic terrorism laws put Black Lives Matter supporters, anti-war protestors, and/or animal rights activists at risk? Do they presently incorporate sufficient safeguards against such misuse and abuse?