Court Error – Habeas Corpus Relief

By: Derek Hawkins//August 1, 2017//

Listen to this article

7^th Circuit Court of Appeals

Case Name: Jimmy T. Davis v. James Cross, Jr.

Case No.: 15-3681

Officials: POSNER, KANNE, and SYKES, Circuit Judges.

Focus: Court Error – Habeas Corpus Relief

In 1997, a jury in the District of Kansas found Jimmy Davis guilty of robbing a bank, 18 U.S.C. § 2113(a), possessing a firearm as a felon, id. § 922(g)(1), and aiding and abetting his confederate’s use of a firearm during the robbery, id. § 924(c). Years later, he filed a habeas corpus petition under 28 U.S.C. § 2241, contending that he is innocent of the § 924(c) offense because he lacked advance knowledge that his confederate would use a firearm, as required for aiding and abetting liability, see Rosemond v. United States, 134 S. Ct. 1240 (2014). The district court disagreed, concluding that the evidence presented at trial established that Davis was not entitled to relief under Rosemond. Because we conclude that a properly instructed jury could not reasonably have doubted his guilt, we affirm.

Affirmed

Full 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.

Select Region or Brand

Upcoming Event