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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. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  2. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

  3. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

  4. If it were your child that died maybe you'd be more understanding. Most of us don't have graves to visit. My son was killed on a state road and I will be putting up a memorial where he died. It gives us a sense of peace to be at the location he took his last breath. Some people should be more understanding of that.

  5. Can we please take notice of the connection between the declining state of families across the United States and the RISE OF CPS INVOLVEMENT??? They call themselves "advocates" for "children's rights", however, statistics show those children whom are taken from, even NEGLIGENT homes are LESS likely to become successful, independent adults!!! Not to mention the undeniable lack of respect and lack of responsibility of the children being raised today vs the way we were raised 20 years ago, when families still existed. I was born in 1981 and I didn't even ever hear the term "CPS", in fact, I didn't even know they existed until about ten years ago... Now our children have disagreements between friends and they actually THREATEN EACH OTHER WITH, "I'll call CPS" or "I'll have [my parent] (usually singular) call CPS"!!!! And the truth is, no parent is perfect and we all have flaws and make mistakes, but it is RIGHTFULLY OURS - BY THE CONSTITUTION OF THIS GREAT NATION - to be imperfect. Let's take a good look at what kind of parenting those that are stealing our children are doing, what kind of adults are they producing? WHAT ACTUALLY HAPPENS TO THE CHILDREN THAT HAVE BEEN RIPPED FROM THEIR FAMILY AND THAT CHILD'S SUCCESS - or otherwise - AS AN ADULT.....

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