Capote v. Ray

The defendant's appeal of the dismissal of his habeas petition was not subject to dismissal under Fullwood v. Sivley, 271 Ga. 248 1999, even though he failed to file an application for a certificate of probable cause, because he was not informed of the proper appellate procedure

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

In 1984, appellant Inocente Capote pled guilty to trafficking in cocaine in Fulton County Superior Court, and received a sentence of ten years in prison, with six years to serve. In 1993, appellant was found guilty in United States District Court of a federal drug offense. Relying in part on the 1984 Fulton County conviction, the District Court gave appellant an enhanced sentence of life in prison. Appellant is currently incarcerated in a federal prison in South Carolina. Proceeding pro se, appellant filed an application for habeas corpus relief challenging his 1984 Fulton County conviction as having adverse collateral consequences on his current situation. Appellant filed his habeas corpus application in Fulton County, the site of his 1984 sentencing. He styled his application as being against Mickey Ray, the Warden of the federal prison in South Carolina where appellant is currently being held. Appellant’s application for habeas corpus relief was styled as being brought against only Warden Ray. However, appellant simultaneously filed a memorandum of law in support of his application, and the memorandum’s style showed the action as being brought against both the State of Georgia and Warden Ray. Despite this, the request for habeas relief was filed by the superior court as being brought against only Warden Ray, as styled in appellant’s application. On the motion of the United States Attorney, the habeas court dismissed the action because it lacked jurisdiction over Warden Ray.

This Court granted a certificate of probable cause in order: 1 to determine whether the habeas court’s dismissal was correct; 2 to delineate the filing procedure to be followed by a petitioner serving a federal sentence in a state other than Georgia who seeks to challenge the validity of a Georgia conviction; 3 to identify the proper defendant or defendants in such an action; and 4 to clarify the proper method of service in such an action.

Capote v. Ray

The defendant's appeal of the dismissal of his habeas petition was not subject to dismissal under Fullwood v. Sivley, 271 Ga. 248 1999, even though he failed to file an application for a certificate of probable cause, because he was not informed of the proper appellate procedure

Share with Email

Thank you for sharing!

Trending Stories

More From ALM

Subscribe to Daily Report