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.
Voting rights advocates should explore section 11(b) of the Voting Rights Act as a vehicle to combat voter intimidation.
This article argues Allyene signals a shift in the availability of constitutional challenges in cases where sentencing factors are particularly important.
DOJ guidance for mentally impaired detainees in immigration removal proceedings should be amended to provide counsel at earlier signs of incompetence.
An evidentiary privilege to protect workers' confidential communications from disclosure in federal and state court proceedings would support unions.