Evans v. Wills

Dist. Ct. erred in dismissing defendant’s habeas petition, after finding that defendant had failed to exhaust his state court remedies under circumstances, where defendant had filed his post conviction petition in 2003, but it still remained pending in 2019 when he filed instant habeas petition and invoked 28 USC 2254(b)(1) by alleging that Illinois’s post conviction relief process had proven to be ineffective for him. Defendant’s post-conviction petition still remained pending in 2023, and record did not support Dist. Ct.’s finding that defendant was responsible for all but seven months of instant delay, where record showed that State was responsible for three-year delay in turning over tapes to defendant. Moreover, while defendant was responsible for some portions of instant delay, state docket showed general lack of action or urgency on part of State and trial court. Ct. further observed that State’s serious deficient management of defendant’s post conviction claim rendered instant post conviction relief process ineffective, so as to allow defendant to file instant habeas petition.