Pro bono client persuades 6th Circuit to reverse dismissal of federal habeas petition for failure to exhaust state remedies
Clients Turner, Victor
On behalf of a pro se prisoner whose federal habeas petition was dismissed for failure to exhaust state remedies, Jones Day was appointed to brief and argue Victor Turner's appeal to the Sixth Circuit. On appeal, we argued that the need to exhaust state remedies before bringing a federal habeas action was excused because of an 11-year delay in adjudicating Mr. Turner's direct appeal in state court (notwithstanding that the state court finally affirmed Mr. Turner's conviction shortly after he appealed the dismissal of his federal habeas petition to the Sixth Circuit). The Sixth Circuit agreed, reversing the district court's judgment and granting Mr. Turner an unconditional writ of habeas corpus because the excessive delay in the state court proceedings violated his constitutional rights. The case was argued in December 2004, and the Sixth Circuit issued its decision in March 2005.
Turner v. Bagley, 401 F.3d 718.(6th Cir. 2005)