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Lonchar v. Thomas
116 S. Ct. 1293 (U.S. 1996); No. 95-5015 (U.S. Apr. 1, 1996) ; Clearinghouse Number: 51111
Description
Court of Appeals Erred on Equitable Grounds in Dismissing Petitioner's First Federal Habeas Petition Filed Eight Years After Conviction
Abstract
The Supreme Court has held that the Eleventh Circuit erred on
equitable principles in dismissing petitioner's first federal
habeas petition. Petitioner was sentenced to death in 1987, and his
conviction was affirmed on appeal. Throughout these proceedings,
petitioner said that he wanted to die and refused to cooperate with
his lawyer or to attend his trial. In 1990, petitioner's sister
filed a "next friend" habeas petition in state court,
which was dismissed. In 1990, petitioner filed his own state habeas
petition, which he withdrew. In 1995, petitioner's brother
filed another "next friend" state habeas petition, which
petitioner opposed and which was also dismissed. On his scheduled
execution day, petitioner filed another state habeas petition
containing 22 claims which petitioner told the court he was
litigating only to delay his execution in the hope that if the
state changed its execution method to lethal injection he could
donate his organs. The state court denied habeas relief, and
petitioner filed his first federal habeas petition setting forth
the same 22 claims. The district court rejected the state's
argument that the petition should be dismissed because of
petitioner's "inequitable conduct" in waiting almost
six years to file a federal petition and granted a stay of
execution. The court of appeals vacated the stay and held that
equitable principles independent of Habeas Corpus Rule 9 applied.
Petitioner appealed. The Supreme Court held that when faced with a
request for a stay in a first federal habeas case, if the district
court cannot dismiss the petition on the merits before the
scheduled execution, it is obligated to address the merits and must
issue a stay to prevent the case from becoming moot. The Court
found that the court of appeals erred in dismissing
petitioner's first federal petition for special ad hoc
"equitable" reasons not encompassed within the relevant
statutes, the Federal Habeas Corpus Rules, or prior precedents.
