[Download] "In re Wilson" by Sixth Circuit U.S. Court of Appeals ~ eBook PDF Kindle ePub Free
eBook details
- Title: In re Wilson
- Author : Sixth Circuit U.S. Court of Appeals
- Release Date : January 29, 1998
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 44 KB
Description
RECOMMENDED FOR FULL-TEXT PUBLICATION Pursuant to Sixth Circuit Rule 24 File Name: 98a0130p.06 ORDER Larry L. Wilson moves this court for an order authorizing a second or successive petition pursuant to 28 U.S.C. § 2254. See 28 U.S.C. § 2244 (West 1997). After the Antiterrorism and Effective Death Penalty Act of 1996, which amended 28 U.S.C. §§ 2244 and 2254, a state prisoner may not file a second or successive habeas petition unless the court of appeals issues an order in which it authorizes the district court to consider the petition. The state has responded to Wilson's motion. Documents submitted to the court reflect that following a jury trial in the Fayette County, Kentucky, Circuit Court in 1993, Wilson was convicted of second-degree rape and was sentenced to 8 years of imprisonment. While his direct criminal appeal was pending in the Kentucky Court of appeals, petitioner filed an initial petition for a writ of in federal court. In addition, Wilson filed a motion in the state trial court for post-conviction relief, which the trial court denied. Wilson filed a timely notice of appeal, and the Kentucky Court of Appeals held that appeal in abeyance pending its decision in Wilson's direct criminal appeal. Thereafter, the Kentucky Court of Appeals affirmed Wilson's conviction on direct appeal, and it does not appear that Wilson sought review in the Kentucky Supreme Court.