Christeson v. Roper

Petitioner, convicted of three counts of capital murder and sentenced to death, challenges the district court's order denying his motion to reopen a final judgment dismissing his habeas corpus application as untimely. The court declined to express a view at this time regarding the district court's conclusion and thought it prudent under the circumstances for the district court to develop the record on the actions of original counsel so that a decision on petitioner's allegation of abandonment is based on a more complete understanding of the facts. Accordingly, the court remanded for a prompt, limited evidentiary hearing on the question of abandonment. View "Christeson v. Roper" on Justia Law