Elawyers Elawyers
Washington| Change

Owens v. Campbell, 15-cv-12677. (2020)

Court: District Court, E.D. Michigan Number: infdco20200108989 Visitors: 6
Filed: Jan. 07, 2020
Latest Update: Jan. 07, 2020
Summary: ORDER DIRECTING PETITIONER TO FILE SUPPLEMENTAL BRIEF MATTHEW F. LEITMAN , District Judge . In this action, state prisoner Alfred E. Owens, Jr. seeks a writ of habeas corpus pursuant to 28 U.S.C. 2254. ( See Pet., ECF No. 1.) On March 20, 2019, the Court held an evidentiary hearing to inquire into (1) the timeliness of Owens' habeas petition and (2) whether Owens was actually innocent of the crimes that underlie the petition. ( See Order, ECF No. 15; Tr. of Evid. Hearing, ECF No. 19.)
More

ORDER DIRECTING PETITIONER TO FILE SUPPLEMENTAL BRIEF

In this action, state prisoner Alfred E. Owens, Jr. seeks a writ of habeas corpus pursuant to 28 U.S.C. § 2254. (See Pet., ECF No. 1.) On March 20, 2019, the Court held an evidentiary hearing to inquire into (1) the timeliness of Owens' habeas petition and (2) whether Owens was actually innocent of the crimes that underlie the petition. (See Order, ECF No. 15; Tr. of Evid. Hearing, ECF No. 19.) After the evidentiary hearing, and after Owens filed his final post-hearing brief, Respondent supplemented the record with transcripts from a 2000 trial in case number 97-156004-FC in the Oakland County Circuit Court. (See ECF Nos. 28, 29.) Respondent then made several arguments based on the transcripts as to why Owens was not entitled to habeas relief. (See id.) Owens has not yet had an opportunity to address the newly-filed transcripts or any of the arguments that Respondent made based on the transcripts. The Court believes that he should have the opportunity to do so.

Accordingly, by no later than January 24, 2020, Owens shall file a supplemental brief that addresses both the transcripts that Respondent filed from the 2000 trial and the arguments Respondent made based on those transcripts. Among other things, Owens shall address Respondent's contentions that (1) during the 2000 trial, witness Joseph Carson effectively recanted the testimony that he gave at Owens' previous trial that led to the convictions at issue in this case, and (2) Carson has contradicted in other ways the testimony that he gave at Owens' previous trial that led to the convictions at issue here. This is Owens' opportunity to present to the Court any and all arguments related to the transcripts from the 2000 trial.

IT IS SO ORDERED.

Source:  Leagle

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer