Gladney v. Pollard

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In 1996 Gladney was convicted in Wisconsin of murdering Wilson. Wilson died of gunshot wounds, following a struggle for a gun during an argument about money. At trial, Gladney did not dispute that he intentionally killed Wilson, but he argued unsuccessfully that he should not be found guilty of first-degree intentional homicide because he acted in “imperfect self-defense,” which, unlike perfect self-defense, does not serve as a complete defense to the charge of first-degree intentional homicide but instead mitigates that charge down to second-degree intentional homicide. Over a decade later, Gladney filed a federal habeas corpus petition under 28 U.S.C. 2254, alleging that his due process rights were violated because subsequent state case law cast doubt on whether he was convicted under the correct imperfect self-defense standard and that his trial counsel was constitutionally ineffective for failing to interview a witness who would have corroborated his self-defense theory. The court concluded that the petition was untimely, noting Gladney’s 2010 discovery that his lawyer failed to interview that witness and rejecting Gladney’s theory that the statute of limitations did not apply because he had demonstrated actual innocence. The Seventh Circuit affirmed. Gladney’s federal petition was filed far too late and he did not demonstrate actual innocence. View "Gladney v. Pollard" on Justia Law