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.

Ursery v. Gates

October 21, 2010

FERNANDEZ URSERY, PETITIONER,
v.
DONALES GATES, ET AL., RESPONDENTS.



The opinion of the court was delivered by: Gilbert, District Judge

MEMORANDUM AND ORDER

Petitioner Fernandez Ursery, currently incarcerated in the Menard Correctional Center, brings this habeas corpus action pursuant to 28 U.S.C. § 2254 to challenge the constitutionality of his confinement. He seeks leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915, and the Court finds that he is indigent. Therefore, the motion for leave to proceed in forma pauperis (Doc. 2) is GRANTED.

THE PETITION

In 2003, Ursery was convicted of first degree murder in St. Clair County, Illinois; he is currently serving a 50-year sentence. After pursuing his direct appeal and a post-conviction proceeding in state court, Ursery now presents 10 separate grounds for relief in his federal habeas corpus petition:

! ineffective assistance of counsel in failing to file a timely motion to suppress evidence;

! ineffective assistance of counsel in failing to review discovery to learn of other fingerprints at the scene;

! ineffective assistance of counsel in failing to conduct pre-trial investigation of another possible suspect;

! ineffective assistance of counsel in failing to order independent forensic tests of fingerprints;

! ineffective assistance of counsel in failing to call certain witnesses;

! ineffective assistance of counsel in failing to move for dismissal based up violation of his right to a speedy trial;

! ineffective assistance of counsel in failing to move for dismissal based upon double jeopardy;

! ineffective assistance of counsel in failing to investigate and discredit state's witness;

! violation of due process due to confiscation and disposition of weapons; and

! ineffective assistance of counsel in failure to object to ...


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.