United States Sixth Circuit

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Gall v. Scroggy, 08-6553

In defendant's petition for habeas relief seeking an order mandating that the Commonwealth of Kentucky vacate his 1978 murder conviction and sentence of death, district court's judgment declaring the conviction nullified is affirmed where: 1) the district court retained jurisdiction to consider and grant defendant's motion, as the option provided by the Commonwealth by the conditional writ was to initiate involuntary commitment proceedings and when it failed to exercise that option, the writ became absolute; 2) the venue was proper in the United State District Court for the Eastern District of Kentucky; 3) defendant adequately alleges injury; 4) defendant has not waived or procedurally defaulted on his right to request nullification and expungement of the 1978 conviction; 5) the delay does not preclude defendant from now seeking expungement; and 6) neither comity nor the ends of justice bar expungement of the conviction.

Appellate Information

  • Submitted 01/13/2010
  • Decided 04/29/2010
  • Published 04/29/2010

Judges

  • Before MARTIN and WHITE, Circuit Judges; ZOUHARY, District Judge.

Court

  • United States Sixth Circuit

Counsel

  • For Appellees:
  • ON BRIEF:Matthew R. Krygiel, Office of the Kentucky Attorney General, Frankfort, Kentucky, for Appellant. Timothy G. Arnold, Jeffrey E. Sherr, Department of Public Advocacy, Frankfort, Kentucky, for Appellee.