Patrick Swiney - Actual Innocence, Newly-discovered Evidence

Attorney of Record:

Withdrawal letter

Documents filed in the 11th Circuit Court and U.S. Supreme Court

On the previous page readers saw that in July 2006, the Federal Court in Alabama denied Patrick Swiney his right to present scientific evidence of innocence, evidence tampering and withheld exculpatory evidence for adjudication.  This page lists the documents filed with the 11th Circuit Court and U.S. Supreme Court as we continue to pursue justice for this innocent man.

To begin at the beginning of this extensively litigated case, please go to and scroll down to "Featured Cases" on the right hand side of the page.

File Date

Notice of Appeal (NOA) filed on 08-29-06 to the US District Court.

NOA is filed to argue a matter of law rather than the Habeas Corpus case
US District Court sent NOA to the 11 th Circuit Court.
11 th Circuit Court holding NOA until US District Court decides on NOA.

Certificate of Appealability (COA) denied by US District Court on 09-19-06.

NOA was construed by the court to be a COA so it could easily deny.
Certificate of Appealability denied by th 11th Circuit Court.
Courts states that Patrick has 21 days from the filing date - or until February 6, 2007 - to file a motion to reconsider, vacate, or modify an order.
This motion was filed in the 11th Circuit Court
11th Circuit Court Denial of Motion to Reconsider: "Upon reconsideration, Appellant's motion for a certificate of appealability is DENIED because appellant has failed to make the requisite showing. See 28 U.S.C. 2253(c)(2), 2244(b)(2), (b)(3); Slack v. McDaniel, 529 U.S. 473,478,120 S.Ct. 1595, 1600-01,146 L.Ed.2d 542 (2000); United States v. Levy, 416 F.3d 1273,1275 (11th Cir.2005)."
This is the entire text of the Court's denial. The Court directed Patrick to file a Motion to Reconsider, Vacate, or Modify an order, then construed that motion as a Motion for a Certificate of Appealability.
Motion for Re-Hearing En Banc
This motion was filed in the 11th Circuit Court
11th Circuit decision denying Patrick's application for re-hearing en banc.
The handwritten note on the first page is by the prison mailroom
Petition for a Writ of Certiorari
USSC docket
This petition was filed in the U. S. Supreme Court
This is the ongoing U.S. Supreme Court Docket record - click on the link often to see how the case is proceeding in the court
Alabama Attorney General's waiver to the United States Supreme Court
This was filed by the Alabama Attorney General, stating he does not intend to file a response to Patrick's petition for writ of certiorari unless one is requested by the court.
U.S. Supreme Court Denied Petition for a Writ of Certiorari
The U.S. Supreme Court does not have to say why a petition is denied.

Last updated:  11 /13/2007