Published on: Tuesday, June 3, 2025
A Schrödinger’s motion that has vexed habeas practitioners: How long must a case gather dust in state court before I can seek federal habeas? Well, an Indiana man convicted of murder files a petition for post-conviction relief in state court, which proceeds to do absolutely nothing with the case for six years. Yikes! Indiana: Apologize for case languishing? No. It was the man's fault! And it was the pandemic! And it was a complicated case! Seventh Circuit: It was six years is what it was. His federal habeas petition can proceed. Federal petition undismissed.
The case is Lindsey v Neal, No. 23-2789 (7th Cir. May 30, 2025).