GARRETT v. KNIGHT

GARRETT v. KNIGHT

Petitioner:	EQWAN GARRETT
Respondent:	WENDY KNIGHT
Case Number:	1:2016cv03233
Filed:	November 29, 2016
Court:	US District Court for the Southern District of Indiana
Office:	Indianapolis Office
Presiding Judge:	Denise K. LaRue
Presiding Judge:	Jane Magnus-Stinson
Nature of Suit:	Habeas Corpus (General)
Cause of Action:	28 U.S.C. § 2254 Petition for Writ of Habeas Corpus (State)
Jury Demanded By:	None

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Date Filed	Document Text
May 28, 2019	Filing 43 ORDER DENYING PETITION FOR A WRIT OF HABEAS CORPUS - Rule 11(a) of the Rules Governing Section 2254 Proceedings in the United States District Courts requires the district court to "issue or deny a certificate of appealability when it enters a fi nal order adverse to the applicant. "Mr. Garrett's grounds for relief lack merit and jurists of reason would not disagree with the Court's resolution of his claims. Therefore, a certificate of appealability is denied. Mr. Garrett 9;s petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 is denied and a certificate of appealability shall not issue. Final Judgment in accordance with this decision shall issue. (See Order). Copy to Eqwan Garrett via U.S. mail. Signed by Judge Jane Magnus-Stinson on 5/28/2019.(JDH) Modified on 5/28/2019 (JDH). (Main Document 43 replaced on 5/28/2019) (JDH).
May 10, 2018	Filing 23 Entry Discussing Petition for a Writ of Habeas Corpus and Directing Further Proceedings - Petitioner Eqwan Garrett was found guilty of several crimes following a jury trial in Marion County, Indiana. He is currently serving a 43-year sentence for t hese crimes. Mr. Garrett now seeks a writ of habeas corpus. For the reasons explained in this Entry, Mr. Garrett's petition for a writ of habeas corpus is denied in part with respect to grounds one, two, three and four. See infra p. 6. The re spondent is directed to further brief the claims raised in ground five consistent with the instructions in section III. C. The respondent is directed to brief whether or not the arguments in Ground 5 subparts 1, 2, 4, and 6, [dkt. 5 , pp. 5-6], a re procedurally defaulted because they were adequately raised in his petition for post-conviction relief. In the event Mr. Garrett is able to overcome procedural default of trial counsel claims based on ineffective assistance of post-conviction c ounsel, the respondent is directed to also brief whether trial counsel was ineffective for failing to take the actions Mr. Garrett alleges were ineffective. The respondent shall have through June 8, 2018, to file a supplement brief. The petitioner shall have twenty-one days from the filing of the respondent's brief to file a reply. (SEE ORDER). Signed by Judge Jane Magnus-Stinson on 5/10/2018.(APD)

Date Filed

Document Text

May 28, 2019

Filing 43 ORDER DENYING PETITION FOR A WRIT OF HABEAS CORPUS - Rule 11(a) of the Rules Governing Section 2254 Proceedings in the United States District Courts requires the district court to "issue or deny a certificate of appealability when it enters a fi nal order adverse to the applicant. "Mr. Garrett's grounds for relief lack merit and jurists of reason would not disagree with the Court's resolution of his claims. Therefore, a certificate of appealability is denied. Mr. Garrett 9;s petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 is denied and a certificate of appealability shall not issue. Final Judgment in accordance with this decision shall issue. (See Order). Copy to Eqwan Garrett via U.S. mail. Signed by Judge Jane Magnus-Stinson on 5/28/2019.(JDH) Modified on 5/28/2019 (JDH). (Main Document 43 replaced on 5/28/2019) (JDH).

May 10, 2018

Filing 23 Entry Discussing Petition for a Writ of Habeas Corpus and Directing Further Proceedings - Petitioner Eqwan Garrett was found guilty of several crimes following a jury trial in Marion County, Indiana. He is currently serving a 43-year sentence for t hese crimes. Mr. Garrett now seeks a writ of habeas corpus. For the reasons explained in this Entry, Mr. Garrett's petition for a writ of habeas corpus is denied in part with respect to grounds one, two, three and four. See infra p. 6. The re spondent is directed to further brief the claims raised in ground five consistent with the instructions in section III. C. The respondent is directed to brief whether or not the arguments in Ground 5 subparts 1, 2, 4, and 6, [dkt. 5 , pp. 5-6], a re procedurally defaulted because they were adequately raised in his petition for post-conviction relief. In the event Mr. Garrett is able to overcome procedural default of trial counsel claims based on ineffective assistance of post-conviction c ounsel, the respondent is directed to also brief whether trial counsel was ineffective for failing to take the actions Mr. Garrett alleges were ineffective. The respondent shall have through June 8, 2018, to file a supplement brief. The petitioner shall have twenty-one days from the filing of the respondent's brief to file a reply. (SEE ORDER). Signed by Judge Jane Magnus-Stinson on 5/10/2018.(APD)

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Petitioner: EQWAN GARRETT
Represented By:	Mark Small
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Respondent: WENDY KNIGHT
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