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Lucas v. Walker

The habeas court could not have made a determination from the defendant's petition for a writ of habeas corpus on his malice murder conviction's face that it was without merit.

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Petitioner Christopher Lucas appeals from the dismissal, without a hearing, of his second petition for a writ of habeas corpus. We granted a certificate of probable cause to appeal to determine whether the habeas court properly dismissed the petition as successive without conducting an evidentiary hearing. Petitioner was convicted of malice murder and this court affirmed the judgment of conviction. Lucas v. State , 264 Ga. 840 452 SE2d 110 1995. In 1995 petitioner filed a petition for a writ of habeas corpus alleging ineffective assistance of counsel and lack of sufficient evidence to enable a rational trier of fact to find petitioner guilty beyond a reasonable doubt. The petition was denied and petitioner subsequently filed an application for a certificate of probable cause to appeal. The application was denied.

In 2008 petitioner filed a second petition for a writ of habeas corpus alleging ineffective assistance of counsel, insufficient evidence, erroneous jury charges, a Brady violation,1 and prosecutorial misconduct. Petitioner alleged these claims were not raised previously because he was unaware that the State had withheld evidence until long after his original habeas petition was adjudicated.

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