Davis v. Weber
Annotate this CaseIn 2002, Petitioner, an inmate serving a fifteen-year sentence, pleaded guilty to possession of an unauthorized article by an inmate. Petitioner did not file a direct appeal. In 2010, Petitioner filed a petition for writ of habeas corpus, alleging several constitutional violations, including ineffective assistance of trial counsel for counsel's failure to preserve Petitioner's right to appeal. After an evidentiary hearing, the habeas court denied the petition based on prejudice to the State caused by Petitioner's failure to timely file his petition. The Supreme Court affirmed, holding that Petitioner failed to rebut the statutory presumption of prejudice to the State in its ability to respond to the application due to Petitioner's failure to timely file the application.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.