Patrick Swiney - Actually Innocent

Recommended case study for Law Students


NOTICE TO INVESTIGATORS

The District Attorney and one of the deceased had been romantically involved. This was not part of the trial but will help students and investigators interpret the facts.


Capital Murder Case - Shelby County, Alabama.
Included below are the trial transcripts and
other proceedings for the period 1988 to 1999.
Evidence of actual innocence was found in 2003.

Patrick Swiney's investigative team of scientists and lawyers recommend this case as an excellent case study for law students who wish to know more about capital murder cases involving forensic sciences other than DNA. There is a great need for lawyers to have a working knowledge about crime laboratories and forensic testing. It is vital to Prosecutors, Lawyers and Judges to know specific characteristics from general characteristics in ballistics.

It is our hope that law students will benefit from these documents. We hope law students will begin demanding classes in forensic science as part of their curriculum. Tragedies like this case can be prevented through knowledge."

A lawyer knowledgeable in scientific evidence could have protected Patrick Swiney from being wrongly convicted.

A student knowledgeable in criminal law will see the incongruities in this case as well as the conspiracy to convict and more...

1988

Doc
ID

Document
Document
issued by

Jan 14, 88

001

Application for Writ of Habeas Corpus to County Circuit Court (Court)

Lawyer

Jan 22, 88

002

Grand Jury Indictment

Court

1989

 

 

 

Apr 25, 89

003

Motion for Independent Psychiatric Examination

State

Apr 26, 89

004

Motion to Revoke Bail

State

May 12, 89

005

Motion for Independent Psychiatric Examination DENIED

Court

May 12, 89

006

Motion to Revoke Bail DENIED

Court

Jun 02, 89

007

Motion To Conduct Individual Voir Dire Of Jury Venire

Lawyer

Jun 02, 89

008

Motion To Conduct Individual Voir Dire Of Jury Venire GRANTED

Court

Jun 5-12, 89

Police Reports

009

Trial Transcripts Pages R001 to R321 Exhibits - Motions - Orders - Jury Selection

Court

010

Trial Transcripts Pages R322 to R811 Trial - Prosecution J. Michael Campbell

Court

011

Trial Transcripts Pages R811 to R908 Trial – Defense Richard Bell

Court

012

Trial Transcripts Pages R909 to R991 Closing Arguments

Court

013

Trial Transcripts Pages R991 to R1055 Instructions to Jury and Verdict

Court

014

Pre Trial Investigation - Police and Forensic Reports

Court

Jul 11, 89

015

Motion For Acquittal Or, Alternatively, Motion For New Trial to Court

Lawyer

Aug 11, 89

016

Notice of Hearing

Court

Nov 15, 89

017

Order: Dismissal Set Aside

Court

1990

 

 

 

Jan 05, 90

018

Order: Request for Transcripts and Time Extension GRANTED

Court

Apr 16, 90

019

Oral Argument Requested to Court

Lawyer

May 15, 90

020

Response Brief to Court

State

May 29, 90

021

Reply Brief of Appellant to Court

Lawyer

Aug 03, 90

022

Memorandum Opinion.AFFIRMED NO OPINION

Court

Aug 17, 90

023

Application for Rehearing to Court

Lawyer

Aug 17, 90

024

Brief in Support of Rehearing to Court

Lawyer

Aug 17, 90

025

Motion to Add Additional or Corrected Statement of Facts under Rule 39(k) to Court

Lawyer

Aug 17, 90

026

Petition for Writ of Certiorari – to Court

Lawyer

Sep 21, 90

027

Application for Rehearing OVERRULED

Court

1991

 

 

 

Nov 11, 91

028

Motion for Discovery and Production of Prosecution Files, Records and Information Necessary to a Full and Fair Rule 32 Evidentiary Hearing to Court

Lawyer

Nov 22, 92

029

Rule 32 form Ineffective Assistance of Council to Court

Lawyer

Nov 22, 91

030

Rule 32 Petition Ineffective Assistance of Council to Court

Lawyer

Dec. 12, 91

031

Motion for Trial Transcripts and Time Extension to Court

Lawyer

1992

 

 

 

Feb 06, 92

032

Motion to Dismiss Rule 32 to Court

State

Feb 11, 92

033

Response to State’s Motion to Dismiss Rule 32 to Court

Lawyer

May 04, 92

034

Motion to Dismiss Rule 32 DENIED

Court

1993

 

 

 

Jan 08, 93

035

Rule 32 Hearing

Court

Jan 28, 93

036

Rule 32 DENIED

Court

Feb 03, 93

037

Notice of Appeal

Court

Feb 03, 93

038

Notice of Appeal to Court

Lawyer

Apr 06, 93

039

Motion for 7 day Extension to File Brief and Arguments to Court of Criminal Appeals (COA)

Lawyer

Apr 12, 93

040

Motion For Enlargement of Time in which to File Brief and Argument to COA

Lawyer

Apr 15, 93

041

Transmittal of Transcripts

Court

Jul 16, 93

042

Brief and Argument to COA

State

Jul 27, 93

043

Reply Brief for Swiney to COA

Lawyer

1994

 

 

 

Jul 08, 94

044

Memorandum Opinion, Conviction AFFIRMED

COA

Jul 22, 94

045

Application for Rehearing to COA

Lawyer

Sep 09, 94

046

Application for Rehearing OVERRULED

COA

Sep 15, 94

047

Petition for a Writ of Certiorari to Alabama Supreme Court (S. Ct)

Lawyer

Sep 29, 94

048

Brief in Opposition to Granting the Petition for Writ Of Certiorari

State

1995

 

 

 

Mar 10, 95

049

Petition for a Writ of Certiorari DENIED

S. Ct

1996

 

 

 

Oct 22, 96

050

28 U.S.C. § 2254 Habeas Corpus to Federal District Court ( Fed Ct ) – by Swiney pro se (Swiney)

Swiney

Nov 11, 96

051

Order To Show Cause

Fed Ct

Dec. 02, 96

052

Motion for Enlargement of Time to Fed Ct

State

Dec. 02, 96

053

Motion for Enlargement of Time GRANTED

Fed Ct

Dec. 30, 96

054

Answer of Respondents to Fed Ct

State

1997

 

 

 

Jan 01, 97

055

Motion for an Order to Fed Ct

Swiney

Jan 01, 97

056

Request for State’s Exhibits A-H to Fed Ct

Swiney

Jan 08, 97

057

Enclosed are Exhibits A-H to Fed Ct

State

Feb , 97

058

Order to Swiney to Respond to Motion for Summary Judgment

Fed Ct

Mar 07, 97

059

Request for Enlargement of Time to Fed Ct

Swiney

Mar 14, 97

060

Request for Enlargement of Time GRANTED

Court

Mar 28, 97

061

Petitioner's Reply to Respondents' Answer, OR Motion for Summary Judgment to Fed Ct

Swiney

Jul 27, 97

062

Motion for Extension of Time to Fed Ct

Swiney

1998

 

 

 

Feb 03, 98

063

Order to Swiney to File Supplement

Fed Ct

Feb 17, 98

064

Compliance with Order to Supplement to Fed Ct

Swiney

Feb 17, 98

065

Compliance with Order to Supplement Exhibits to Fed Ct

Swiney

Feb 26, 98

066

Order to State to File Response to Swiney’s Supplement

Fed Ct

Mar 24, 98

067

Order to Swiney to File Response to State’s Motion for Summary Judgment

Fed Ct

Apr 08, 98

068

Motion for Extension of Time to File Opposition to Fed Ct

Swiney

Apr 13, 98

069

Motions in Opposition to Respondents Motion for Summary Judgment; Motion for Appointment of Counsel; Motion for Order Directing Respondents to Supplement Record

Swiney

Apr 13, 98

070

Motion in Opposition Exhibits

Swiney

May 20, 98

071

Respondents Answer to Supplement to Petition to Fed Ct

State

Jun 23, 98

072

Magistrate Judge's Findings and Recommendation - Petition for Writ of Habeas Corpus pursuant to 2254 be DENIED

Fed Ct

Jun 28, 98

073

Motion to Supplement as to Relief Only

Swiney

Jul 08, 98

074

State’s Objections to Magistrate Judge's Findings and Recommendation to Fed Ct

State

Jul 11, 98

075

Motion Requesting Service of Report by Magistrate

Swiney

Jul 27, 98

076

Motion for Extension of Time to File Objections

Swiney

Aug 06, 98

077

Motion for Extension of Time GRANTED

Fed Ct

Aug 10, 98

078

Second Pleading of Motion for Appointed Counsel

Swiney

Aug 14, 98

079

Petitioner’s Objections to Magistrate Judge's Findings & Recommendations

Swiney

Aug 14, 98

080

Brief in Opposition to Respondent's Objections to Magistrate Judge's Findings and Recommendations

Swiney

Aug 14, 98

081

Affidavit/Declaration of Ronald Patrick Swiney to Fed Ct

Swiney

Aug 14, 98

082

Petitioner’s Objections To Magistrate Judge’s Findings And Recommendations to Fed Ct

Swiney

Aug 14, 98

083

Brief in Opposition to Respondents Objections to Magistrate Judge’s Findings and Recommendations to Fed Ct

Swiney

Aug 27, 98

084

Second Pleading of Motion for Appointed Counsel DENIED

Fed Ct

Sep 02, 98

085

Final Judgment Court accepts Magistrate's findings – by Court. Respondent's objections OVERRULED; Petitioner's objections OVERRULED; Writ of HC DENIED.

Fed Ct

Sep 17, 98

086

Motion To Set Aside Default Pursuant To Rule 55(c) F.R. CIV. P. to Fed Ct

Swiney

Sep 17, 98

087

Motion For New Trial Pursuant To Rule 59 F.R. CIV. P. 1998-09-17 to Fed Ct

Swiney

Sep 17, 98

088

Motion For Judgment Pursuant To Rule 54 F.R. CIV. P to Fed Ct

Swiney

Sep 17, 98

089

Motion For Full Adjudication Pursuant To Rule 56(d) F.R. CIV. P. to Fed Ct

Swiney

Sep 17, 98

090

Motion For Declaratory Pursuant To Rule 57 F.R. CIV. P. to Fed Ct

Swiney

Sep 17, 98

091

Motion To Amend And/Or Supplement Pleadings Pursuant To Rule 15 F.R. CIV. P to Fed Ct

Swiney

Sep 17, 98

092

Motion For Relief From Judgment Or Order Pursuant To Rule 60 F.R. CIV. P. to Fed Ct

Swiney

Sep 17, 98

093

Motions To Amend Findings And Make Additional Findings Pursuant To Rule 52 F.R. CIV. P. [With Appendix Attached] to Fed Ct

Swiney

Sep 17, 98

094

Motions Appendix to Fed Ct

Swiney

Sep 28, 98

095

Motions are DENIED

Fed Ct

Sep 30, 98

096

Response to Order to Fed Ct

Swiney

Oct 01, 98

097

Motion for Probable Cause to Fed Ct

Swiney

Oct 16, 98

098

Motion for Probable Cause DENIED

Fed Ct

Oct 22, 98

099

In Forma Pauperis for Motion for Probable Cause to Fed Ct

Swiney

Nov 03, 98

100

Motion to Accept as Timely Filed to US Court of Appeals 11 th Circuit (11 th Cir)

Swiney

Nov 09, 98

101

Motion for Probable Cause to 11 th Cir

Swiney

1999

 

 

 

Jan 22, 99

102

Motion for Issuance of Certificate of Appealability Pursuant To 28 U.S.C. §2253(c) to 11 th Cir

Swiney

Feb 02, 99

103

Filing Fee Issued to Fed Ct

Swiney

Feb 17, 99

104

Fed Ct Court Documents transmitted to 11 th Cir

Fed Ct

Jun 10, 99

105

Application for Issuance of Certificate of Appealability DENIED

11 th Cir

Jun 22, 99

106

Motion for Rehearing to 11 th Cir

Swiney

Jun 26, 99

107

Request for En Banc review to 11 th Cir

Swiney

Aug 13, 99

108

Application for Issuance of Certificate of Appealability DENIED

11 th Cir


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Last updated:  07 /03/2006

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