(DOWNLOAD) "Lowery v. Mccaughtry" by United States Court of Appeals for the Seventh Circuit ~ Book PDF Kindle ePub Free
eBook details
- Title: Lowery v. Mccaughtry
- Author : United States Court of Appeals for the Seventh Circuit
- Release Date : January 17, 1992
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 55 KB
Description
EASTERBROOK, Circuit Judge. Now making its second appearance in this court, James Lowery's quest for a writ of habeas corpus poses a question about exhaustion of state remedies. Lowery is serving time in Wisconsin for offenses committed there. He does not challenge the conviction but does contest the augmentation of the sentence on the basis of prior convictions in Georgia. These convictions, Lowery insists, are constitutionally infirm. The details of the convictions and Lowery's challenge to them do not matter. Last time around, we held that Lowery's custodian in Wisconsin is the proper respondent in a petition for a writ of habeas corpus under 28 U.S.C. § 2254. Lowery v. Young, 887 F.2d 1309 (1989). Accord, Clay v. Bronnenberg, 950 F.2d 486 (7th Cir. Dec. 10, 1991); Crank v. Duckworth, 905 F.2d 1090 (7th Cir. 1990). We observed that Lowery could seek a writ of error coram nobis in Georgia, using that writ (if the court accepted his contentions) as the foundation for a claim in Wisconsin. c887 F.2d at 1313. It turns out that Georgia has abolished the writ of error coram nobis. Waye v. State, 239 Ga. 871, 238 S.E.2d 923 (1977). On remand the district Judge rebuffed Lowery's effort to obtain from federal court a writ in the nature of coram nobis. The Judge concluded that Wisconsin's courts are open to the sorts of arguments Lowery presents and dismissed the petition, without prejudice, for failure to exhaust state remedies.
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