ILNews

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

Back to TopCommentsE-mailPrintBookmark and Share

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.



 
 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

  2. "Brain Damage" alright.... The lunatic is on the grass/ The lunatic is on the grass/ Remembering games and daisy chains and laughs/ Got to keep the loonies on the path.... The lunatic is in the hall/ The lunatics are in my hall/ The paper holds their folded faces to the floor/ And every day the paper boy brings more/ And if the dam breaks open many years too soon/ And if there is no room upon the hill/ And if your head explodes with dark forbodings too/ I'll see you on the dark side of the moon!!!

  3. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  4. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  5. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

ADVERTISEMENT