Dement v. Pszczolkowski (Signed Opinion)
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The Supreme Court reversed the judgment of the circuit court denying Petitioner's petition for writ of habeas corpus, holding that the circuit court failed to provide a meaningful evidentiary hearing and that the circuit court's order was insufficient.
Petitioner pled guilty to second-degree murder and entered an Alford/Kennedy plea to malicious wounding. Following revelations related to new DNA test results, Petitioner filed a petition for writ of habeas corpus raising three grounds for relief. The circuit court denied habeas relief. The Supreme Court reversed the judgment below, holding (1) the circuit court erred by failing to hold a meaningful evidentiary hearing on the grounds raised in Petitioner's petition; and (2) the circuit court's order did not sufficiently set forth factual findings and conclusions of law as to each contention raised in the habeas petition. The Court remanded the case with instructions for the circuit court to hold an evidentiary hearing on the merits of the habeas petition and to issue an order that included sufficient findings of fact and conclusions of law as to each contention advanced by Petitioner.
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