Billiter v. Banks
Annotate this CasePursuant to a plea agreement, Appellant pled guilty to rape of a child under thirteen, gross sexual imposition on a child under thirteen, and two counts of pandering obscenity involving a minor. Appellant was sentenced to thirty-one years without the possibility of parole. After Appellant unsuccessfully filed a petition for writ of habeas corpus in 2006, Appellant filed a second habeas petition in 2012. The court of appeals dismissed the petition, holding that Appellant had an adequate remedy in the ordinary course of law an that the petition was barred by res judicata. The Supreme Court affirmed, holding (1) the district court erred in finding Appellant's petition barred by res judicata; but (2) the court of appeals acted properly when it concluded that Appellant had an adequate remedy at law, refused to reach the merits, and dismissed the petition for failure to state a claim for habeas relief.
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