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Recusal question occupies 7th Circuit in District Court’s dismissal of habeas petition

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Although a prisoner filed his habeas petition late, the 7th Circuit Court of Appeals ruled the District Court should not have dismissed it on procedural grounds.

The 7th Circuit vacated the dismissal of Anthony Weddington’s petition and remanded to the court for further proceedings in Anthony Weddington v. Dushan Zatecky, Superintendent, 11-3303.

The court spends considerable time in its opinion mulling over whether or not Judge Tanya Walton Pratt of the U.S. District Court for the Southern District of Indiana, Indianapolis Division, should have recused herself from the hearing on Weddington’s petition.

Weddington was charged in 2002 with four counts of rape, four counts of criminal deviate conduct, and two counts of criminal confinement. The charges were severed into two separate trials.

Pratt, then a Marion Superior Court Judge, presided over the first trial in September 2003. Weddington was convicted and Pratt sentenced him to 73 years.

The second trial in 2005 also resulted in a conviction. Six years later, Weddington filed a pro se habeas petition under 28 U.S. Code 2254, challenging his 2005 conviction. He claims the trial court erred in denying a motion to suppress all evidence from a January 2002 traffic stop.

Weddington argued that the one-year limit on filing should not apply to his petition or bar it because, while he was in prison, his legal paper work, law books and legal mail were all confiscated and withheld from him.

When Weddington’s petition arrived in federal court, Pratt was sitting on the bench. She denied his petition, finding Weddington was barred by the statute of limitations.  

In examining Pratt’s participation, the 7th Circuit notes although Weddington was challenging the 2005 conviction, the criminal charges were closely related to the 2003 case.

“Review of the habeas petition on the merits may require Judge Pratt to review the 2005 proceedings with respect to a suppression motion aimed at the same stop and search as the one involved in the suppression motion on which she ruled in the 2003 case,” the court wrote. “In our view, this could seriously affect the fairness and public reputation of the judicial proceedings and create an appearance of impropriety.”

However, the court remanded the case for different reasons. Specifically, it ruled the District Court erred in failing to consider whether the limitation period was equitably tolled by the state’s alleged confiscation of Weddington’s legal papers.

The 7th Circuit noted the appearance of bias can be remedied by assignment of a different District judge on remand.



 
 

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  1. Just an aside, but regardless of the outcome, I 'm proud of Judge William Hughes. He was the original magistrate on the Home place issue. He ruled for Home Place, and was primaried by Brainard for it. Their tool Poindexter failed to unseat Hughes, who won support for his honesty and courage throughout the county, and he was reelected Judge of Hamilton County's Superior Court. You can still stand for something and survive. Thanks, Judge Hughes!

  2. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  3. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  4. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  5. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

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