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New Evidence – Brady Claim

By: Derek Hawkins//May 31, 2016//

New Evidence – Brady Claim

By: Derek Hawkins//May 31, 2016//

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7th Circuit Court of Appeals

Case Name: Tony Thomas v. Tarry Williams

Case No.: 14-2610

Officials: WOOD, Chief Judge, and KANNE and SYKES, Circuit Judges

Focus: New Evidence – Brady Claim

Court denies appellant Brady claim due to procedural default.

“Thomas’s Brady claim is procedurally defaulted under ei‐ ther rule. The first time that Thomas labeled his claim a Brady claim in state court was in his second state post‐conviction pe‐ tition filed in November 2007. The state court denied his peti‐ tion because he did not show cause for his failure to raise the claim in his first state post‐conviction petition. See 725 ILCS 5/122‐1(f). The state procedural rule is an adequate and inde‐ pendent state ground precluding federal habeas review of the Brady claim raised in his second state petition.”

Affirmed

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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