Patrick Swiney - Actual Innocence, Newly-discovered Evidence

Attorney of Record:

WILSON MYERS
308 Hall Ave., PO Box 1704
Bay Minette, AL 36507-1704
251-580-8003, Fax 251-580-8022
wilsonmyers@yahoo.com
www.wilsonmyerslaw.com

Habeas Corpus (Rule 32) Petition Filed in the original trial court

Shelby County Circuit Court, Alabama
Date
Document

ID
Event 

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Legal Status
08/13/03 P1
Plaintiff:  Rule 32 Petition - Most courts have a form that is required in a habeas corpus petition.  This form is the first few pages of the petition, scroll down for the body of the petition.  To review the Rule 32 Exhibits, see below.
Exhibit 1.  This includes the body of the report by forensic expert, Dr. Jon Nordby, PhD. PDF
Exhibits 2-7.  Other documents supporting the Rule 32 Petition.
DISMISSED with prejudice 3/5/04 (see 03/05/04 below)
08/15/03  C1
Court:  Case Number Assigned CC 88-077.61
Hearing (docket call) set for 9/2/03.
 Court Action
08/19/03 R1
Respondent:  State's Motion for Enlargement of Time and Notice of Appearance filed.
GRANTED 10/1/03
09/02/03  C2 Court:  Hearing (docket call) continued for 30 days. Court Action
09/02/03 P2
Plaintiff:  Motion for Declaratory Judgment filed.

Comment:  This motion was docketed under the wrong case number.

 No Ruling
09/02/03 P3
Plaintiff:  Notice of Assertion of Right to be Present filed.

Comment:  This motion was docketed under the wrong case number.

 No Ruling
09/16/03 P4
Plaintiff:  Motion for Summary Judgment filed.

Comment:  This motion was docketed under the wrong case number.

 No Ruling
10/02/03  C3 Court:  Scheduling conference held (Earliest date for a hearing will be December 2003).  Court Action
10/15/03  C4
Court:  Rule 32 hearing (docket call for conference scheduling) set for 12/5/03 at 9:00 A.M. 
 Court Action
11/12/03 R2
Respondent:  State of Alabama's Motion to Dismiss Swiney's Successive Rule 32 Petition filed.

Comment:  This motion includes a 30 page Order Granting State of Alabama's Motion to Dismiss Swiney's Successive Rule 32 Petition for Judicial signature.

 GRANTED 03/05/04
11/24/03 P5
Plaintiff:  Motion for Enlargement of Time and Request for Continuance filed.
GRANTED 12/2/03
12/05/03  C5 Court:  Scheduling hearing continued to 2/23/04 per ruling on P5. Court Action
01/12/04 P6
Plaintiff:  Response to Respondent's Motion to Dismiss filed.
Exhibit A.  Selected pages from former Rule 32 hearing.
Exhibit B.  Affidavit of Dr. John Nordby.
Exhibit C.  Affidavit of Glenn M. Larkin, M.D.
Exhibit D.  Medical-Legal Report, Glenn M. Larkin, M.D. 

NOTE:  Some of the photos in this report may be disturbing to young viewers as they are of a forensic nature.
DISMISSED with prejudice 3/5/04
01/12/04 P7
Plaintiff:  Request for Production of Evidence filed.
DENIED 3/5/04
01/30/04 P8
Plaintiff:  Motion for Evidentiary Hearing and Notice of Appearance filed.
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PDF
DENIED 3/5/04
02/23/04  C6 Court:  Scheduling hearing to be held. Cancelled
03/5/04  C7
Court:  State of Alabama's motion to dismiss Arthur's (sic) Rule 32 petition is GRANTED and Swiney's Rule 32 petition is DISMISSED with prejudice.  The court costs are taxed against the petitioner.  (Petitioner has 42 days to file a Notice of Appeal - due date is 4/16/04).
HTML
Court Action
06/08/04
P9
 Plaintiff:  Appellant's Reply Brief and Argument as to why an oral argument is legally mandated in this case. On advice of counsel, a copy of this brief will not be posted to the Internet.  Counsel has indicated that he will be happy to snail mail a copy of this brief upon request to anyone who wants to read it.  If you would like to receive a copy by mail, please send an email to taoss@worldnet.att.net
Pending
08/19/04
R8
Respondent:  State's APPEAL to adjudicate this appeal without oral argument because the facts and legal arguments are adequately presented in the briefs and record and the decisional process will not be significantly aided by oral argument, ALA. R. App. P. 34(a)(3)
PDF1
PDF2
Pending
09/02/04
P10
Plaintiff:  Appellant's Reply Brief and Argument as to why an oral argument is legally mandated in this case.  On advice of counsel, a copy of this brief will not be posted to the Internet.  Counsel has indicated that he will be happy to snail mail a copy of this brief upon request to anyone who wants to read it.  If you would like to receive a copy by mail, please send an email to taoss@worldnet.att.net
Pending

We are sharing legal information that has been filed in the case of Patrick Swiney with hopes that it may assist you in litigation.  This site is not a free legal resource; we wish it were because there is a dire need for legal resources for pro se litigants.  We have provided most of the material in this case for your use. The habeas corpus petition and associated exhibits are available on this site.

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Last updated: 12 /14/2004