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Jackson v. Bittick

The defendant's claim that he was illegally incarcerated under a bench warrant was moot, because he had already been tried, convicted and sentenced.

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Curtis Jackson was arrested, released on bond, and indicted for theft by receiving stolen property. When he failed to appear for trial, the trial court issued a bench warrant and bond forfeiture. Jackson was arrested and returned to jail. He subsequently filed a motion to lift the bench warrant and reinstate the bond, which the trial court denied. Less than three weeks before the rescheduled trial, Jackson filed a pro se petition for writ of habeas corpus, primarily alleging that he was unlawfully confined under the bench warrant. At trial, a jury found Jackson guilty of two counts of theft by receiving stolen property, and the trial court entered judgments of conviction and sentences.

Thereafter, the habeas court dismissed the habeas petition on the ground that “the allegations contained in the petition are now moot.” Continuing to act pro se in the habeas case, Jackson filed a timely notice of direct appeal. Two weeks later, he filed an application for certificate of probable cause in the habeas court, which that court purported to deny.

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