Conditional Writ of Habeas Corpus

Listen to this article

7^th Circuit Court of Appeals

Case Name: Anthony Barnett v. Ron Neal, Superintendent, Indiana State Prison

Case No.: 15-3559

Officials: WOOD, Chief Judge, SYKES, Circuit Judge, and COLEMAN, District Judge

Focus: Conditional Writ of Habeas Corpus

For more than a decade, Anthony Barnett has been trying to set aside his Indiana convictions for felony battery, felony burglary, felony intimidation, and being a habitual criminal. He thought that he had achieved success when the federal district court issued a conditional writ of habeas corpus in response to his petition, but the writ promised less than he thought. It offered the state the choice between releasing him outright, or giving him a new direct appeal in the state court. A procedural snarl ensued, at the end of which the district court gave the state extra time to seek the new appeal. Believing that he now has an unconditional right to immediate release, Barnett has appealed. We conclude that the district court was entitled to handle the matter as it did, and so we affirm its judgment.

Affirmed

File Text

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.