Hernandez-Alberto v. Crews

After a jury trial, Petitioner was convicted of the first-degree murders of his two stepdaughters. The trial court sentenced Petitioner to death for each of the murders. The Supreme Court affirmed Petitioner's convictions and sentences on appeal. The Office of Capital Collateral Regional Counsel filed Petitioner's initial postconviction motion, but Petitioner refused to sign the required verification of the motion. After granting extensions of time and giving Petitioner numerous opportunities to file a verified motion, the trial court dismissed the unverified postconviction motion with prejudice. Petitioner appealed and also filed a petition for writ of habeas corpus claiming that the trial court erred in allowing him to proceed pro se at trial. The Supreme Court affirmed, holding (1) the trial court did not err in determining that Petitioner was competent to proceed with postconviction litigation; (2) the trial court did not err in dismissing Petitioner's postconviction motion with prejudice for failing to file a facially sufficient motion; and (3) Petitioner's petition for habeas corpus as relief was not warranted. View "Hernandez-Alberto v. Crews" on Justia Law