Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Caudle v. Superintendent

United States District Court, S.D. Indiana, Terre Haute Division

May 12, 2017

GREGORY ALLEN CAUDLE, Petitioner,
v.
SUPERINTENDENT, Respondent.

          ENTRY DISCUSSING PETITION FOR WRIT OF HABEAS CORPUS AND DENYING CERTIFICATE OF APPEALABILITY

          LARRY J. McKINNEY, United States District JUDGE.

         For the reasons explained in this Entry, the petition of Gregory Allen Caudle for a writ of habeas corpus must be denied and the action dismissed without prejudice. In addition, the Court finds that a certificate of appealability should not issue.

         I. The Petition for Writ of Habeas Corpus

         A. Background

         Caudle is confined at an Indiana prisoner serving the executed portion of a 38-year sentence imposed in 2013 following his convictions in an Indiana state court for burglary and for resisting law enforcement. He was also found to be a habitual offender. He started a direct appeal, but moved to withdraw the appeal on January 30, 2014. On February 14, 2014, the Indiana Court of Appeals dismissed the direct appeal with prejudice.

         The dismissal of Caudle's direct appeal was followed with the filing of his action for post-conviction relief on August 27, 2014, and the filing of a verified motion for discharge and request for production of certain documents on November 6, 2014. This latter motion was denied on the same day it was filed. On December 4, 2014, Caudle filed a notice of appeal. That appeal was dismissed on March 31, 2015, for lack of jurisdiction. Meanwhile, the post-conviction action had been briefed, but was dismissed without prejudice at Caudle's request. The following indicates what then transpired:

March 14, 2016 action for post-conviction relief filed
June 22, 2016 state habeas corpus petition filed
June 28, 2016 state habeas corpus petition denied
August 12, 2016 motion to supplement and amend the action for post-conviction relief; motion denied
August 22, 2016 notice of appeal filed
August 24, 2016 another state habeas corpus petition filed
August 24, 2016 state habeas corpus ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.