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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. Such things are no more elections than those in the late, unlamented Soviet Union.

  2. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  3. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  4. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  5. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

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