Kelley v. Zoeller

Dist. Ct. did not err in dismissing defendant’s habeas petition challenging failure of State of Indiana to expunge 1975 robbery conviction that defendant claimed was part of 1975 plea deal, where said conviction was used to lengthen his federal sentence on different charge under Armed Career Criminal Act. Record showed that at time defendant had filed instant habeas petition defendant was not in custody as result of 1975 robbery conviction and had not yet been sentenced by Dist. Ct. Thus, defendant had not yet suffered any direct or collateral consequence arising out of 1975 robbery conviction so as to support Dist. Ct.’s jurisdiction over his habeas petition. Ct. further observed that defendant could not establish viable claim, even if Dist. Ct. had jurisdiction over his habeas petition, where: (1) Indiana state court had previously found that defendant had waited too long to raise issue regarding any failure to expunge 1975 robbery conviction; and (2) state court’s ruling constituted independent state law ground that prevented defendant from obtaining collateral review of instant claim.