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Washington v. Hopson

The habeas court erred in setting aside the petitioner's rape conviction, because the factual findings underlying the habeas court's conclusions that a former prosecutor's conduct violated the petitioner's constitutional right to due process were clearly erroneous.

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In this habeas corpus proceeding, the Chattooga County Superior Court set aside Jason Hopson’s rape conviction due to the conduct of former Fulton County assistant district attorney Ashutosh Joshi, which, the habeas court concluded, violated Hopson’s constitutional right to due process at his trial. Joshi’s conduct after Hopson’s trial was unprofessional, and this Court has previously ordered that Joshi be publicly reprimanded for his ethical violation. See In the Matter of Joshi, Case No. S09Y0429 Feb. 23, 2009. However, we reverse the habeas court’s order, primarily because the factual findings underlying the habeas court’s conclusions that constitutional violations occurred at Hopson’s trial are clearly erroneous.

1. a On November 5, 2004, Hopson was indicted in Fulton County for rape, kidnapping, aggravated assault, aggravated sexual battery, and aggravated sodomy. His trial was held from December 7 to 10, 2004. Joshi was the State’s prosecuting attorney. The Court of Appeals has summarized the evidence presented at the trial as follows:

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