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- ilnd;;1:08-cv-07159_de103 RegisterActionDate "2012-12-13" @default.
- ilnd;;1:08-cv-07159_de103 RegisterActionDescriptionText "MINUTE entry before Honorable Rebecca R. Pallmeyer: In two recent letters, Petitioner has expressed confusion regarding the court's April 23, 2012 ruling on his habeas petition. Specifically, Owens is concerned about Claim 4 of his petition, which relates to extrajudicial findings made by the trial judge. In his first letter, dated October 30, 2012, Owens asks whether he is still free to "articulate, perfect an argument on this constitutional violation...." In a second letter, dated December 4, 2012, Owens expresses concern that Claim 4 was "potentially lost" due to an error by his appointed counsel. In particular, Owens suggests that the court was not presented with, and/or did not consider, relevant case law and the dissent to the Illinois Appellate Court's decision on Owens's direct appeal. The court determined that Claim 4 was properly before this court and decided the claim on the merits. (See Mem. Op. and Order 79 at 19-21.) In doing so, the court consider the entirety of the record, including the decision by the Illinois Appellate Court and Justice South's dissent. (See id.) The court also considered all of the cases cited by the parties, in addition to conducting its own research to determine the current state of the applicable law. Claim 4 was ultimately denied for the reasons explained in the April 23, 2012 Order. (See id.) This court has ordered a limited evidentiary hearing on Claim 5 "to determine: (a) whether trial counsel failed to investigate Petitioner's alibi defense, interview his alibi witnesses, or call his alibi witnesses to testify; and (b) whether, and to what extent, Petitioner understood his right to testify." (April 23, 2012 Minute Order 78 .) At the evidentiary hearing, which is scheduled for February 15, 2013 at 10:00 AM (see November 5, 2012 Minute Order 103 ), the court will not hear evidence or entertain arguments concerning Claim 4, or any of the other denied claims. As explained in the April 23, 2012 Order, the court will decide whether to issue a certificate of appealability on all of the claims raised in Owens's petition after the court has conducted the evidentiary hearing and resolved the remaining constitutional issues. (Mem. Op. and Order at 30; see also April 23, 2012 Minute Order.) Mailed notice (etv, ) (Entered: 12/13/2012)" @default.
- ilnd;;1:08-cv-07159_de103 AdministrativeID "104" @default.
- ilnd;;1:08-cv-07159_de103 OntologyLabel minute_entry @default.
- ilnd;;1:08-cv-07159_de103 hasReferenceToOtherEntry ilnd;;1:08-cv-07159_de102 @default.
- ilnd;;1:08-cv-07159_de103 hasReferenceToOtherEntry ilnd;;1:08-cv-07159_de77 @default.
- ilnd;;1:08-cv-07159_de103 hasReferenceToOtherEntry ilnd;;1:08-cv-07159_de78 @default.