Skip to main content
Please enter a legal issue and/or a location
Begin typing to search, use arrow keys to navigate, use enter to select

Find a Lawyer

More Options

Nullification of 1978 First-Degree Murder Conviction Upheld

By FindLaw Staff on April 29, 2010 | Last updated on March 21, 2019

In Gall v. Scroggy, No. 08-6553, the Sixth Circuit dealt with a defendant's petition for habeas relief seeking an order mandating that the Commonwealth of Kentucky vacate his 1978 murder conviction and sentence of death.

In affirming the district court's judgment declaring the conviction nullified, the court first resolved the issue of whether proper jurisdiction existed by concluding that 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.

The court also held that the venue was proper in the U.S. District Court for the Eastern District of Kentucky, that defendant adequately alleged injury, and that he has not waived or procedurally defaulted on his right to request nullification and expungement of the conviction. 

Related Resource:

You Don’t Have To Solve This on Your Own – Get a Lawyer’s Help

Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.

Or contact an attorney near you:
Copied to clipboard