Big win today on the Steed litigation. We have filed numerous post-conviction cases alleging that the convictions of numerous clients was based on withheld misconduct on Steed. The government has filed Motions to Dismiss these. Today, the Court in one case included the following language while not dismissing my case: “The Petition for Relief filed . . . adequately alleges a Brady violation. Morever, drawing all reasonable inferences in favor of the Petitioner, the information [that was attached to the pleadings] constitutes more than simple impeachment evidence. Thus, Petitioner has adequately alleged that his guilty plea was not knowing or voluntary and is therefore subject to challenge under the Post-Conviction Remedies Act. Additionally, in the rule 12(b)(6) context, the information on which Petitioner bases his challenge could not have been discovered through reasonable diligence and therefore its introduction is not barred by the one-year limitation period established in §78B-9-107."
Posted on: Fri, 19 Jul 2013 20:33:07 +0000
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