Rogers v. State

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Justia Opinion Summary

Appellant was convicted of three counts of sexual assault and three counts of sexual assault with the use of a deadly weapon causing substantial bodily harm. Appellant was sentenced to six sentences of life imprisonment without the possibility of parole for three of the counts, with each sentence to be served consecutively. Appellant subsequently filed an untimely petition for a writ of habeas corpus, claiming that his sentences and the manner in which they were imposed amounted to cruel and unusual punishment. The district court (1) granted the petition in part, determining that the petition was procedurally barred because the petition was untimely filed, but that new caselaw applied retroactively and provided good cause to excuse the procedural default; and (2) imposed three consecutive life sentences with the possibility of parole after ten years had been served. The Supreme Court reversed in part the district court's partial denial of Appellant' petition, holding that the court abused its discretion in failing to appoint counsel to assist Appellant in the post-conviction proceeding given the severity of the consequences, Appellant's indigency, and the difficulty of the issues presented related to the applicability and scope of the holding in Graham v. Florida. Remanded.

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