Barnett v. Neal

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In 2002, Barnett was charged with felony battery. At the time, Indiana courts established an “omnibus date” for substantive amendments to charges. The court set Barnett’s omnibus date so the last day for substantive amendment was December 8, 2002. In February 2003 the prosecutor added felony burglary, felony intimidation, and habitual offender charges. No one caught the error. Barnett was convicted and sentenced to 80 years’ imprisonment. Barnett’s appellate lawyer also overlooked this problem. Barnett later unsuccessfully pursued the issue in state post-conviction proceedings and in a petition under 28 U.S.C. 2254. After the district court denied his habeas petition, the Seventh Circuit granted another Indiana petitioner habeas relief on the same theory. The Seventh Circuit remanded Barnett’s case. The district court’s order on remand stated “[w]ithin 120 days of this Order, the State must either release the Petitioner or grant him leave to file a new direct appeal.” When the state had done nothing within 120 days, Barnett sought immediate release. Indiana responded that it had misunderstood the order as requiring its courts to grant a new appeal upon Barnett’s request. The state simultaneously filed a request for appeal on Barnett’s behalf and asked the court to extend the release date. The district court granted that request. The court denied a motion to amend because the Indiana Court of Appeals had granted leave for Barnett to file a new appeal. The Seventh Circuit affirmed; the district court was entitled to extend the state’s deadline. View "Barnett v. Neal" on Justia Law