Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Baldwin v. Bedford

The habeas court properly dismissed the appellant's habeas petition for failure to name the proper defendant.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Brandon Baldwin, a repeat felon and defendant in a pending criminal proceeding, is incarcerated in Fulton County on charges of kidnapping, possession of a firearm during the commission of a felony, and possession of a firearm by a convicted felon. On August 14, 2007, acting pro se, he filed a pretrial petition for writ of habeas corpus naming the trial judge in his pending criminal case, the Honorable T. Jackson Bedford, Jr., as the defendant. Judge Bedford filed a motion to dismiss, and after reviewing the pleadings, the habeas court dismissed the writ petition on grounds of failure to state a claim upon which relief can be granted, failure to name the proper defendant i.e., the jailer, not the trial judge, and absolute judicial immunity. Baldwin filed a timely pro se notice of appeal. Baldwin claims his constitutional rights were violated when he was confined to 24-7 lockdown after another inmate reported that he was plotting to assassinate Judge Bedford. In addition, he asserts that Judge Bedford denied him his statutory right to a speedy trial.1 However, Baldwin admits that he is in the custody of the Fulton County Sheriff and not Judge Bedford, concedes he served the wrong party, and acknowledges his failure to take any steps in the trial court to have the Fulton County Sheriff substituted as a defendant in Judge Bedford’s place. No matter how liberally we construe Baldwin’s habeas petition, we cannot ignore the fact that he sued the wrong party and that the proper defendant was never served or given a meaningful opportunity to present a defense against Baldwin’s claims. Accordingly, the trial court did not err in dismissing the habeas petition.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
Southeastern Legal Awards 2024
June 20, 2024
Atlanta, GA

The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession.


Learn More
Pennsylvania Legal Awards 2024
May 15, 2024
Philadelphia, PA

The Legal Intelligencer honors lawyers leaving a mark on the legal community in Pennsylvania and Delaware.


Learn More
Consulting Leaders in Technology 2024
May 16, 2024
Dallas, TX

Consulting Magazine recognizes leaders in technology across three categories Leadership, Client Service and Innovation.


Learn More
Go to Events Go to Webcasts
EMPLOYEE BENEFITS ASSOCIATE

We are seeking an associate to join our Employee Benefits practice. Candidates should have three to six years of employee benefits experienc...


Apply Now ›
Associate Attorney

Associate attorney position at NJ Immigration Law firm: Leschak & Associates, LLC, based in Freehold, NJ, is looking for a full time ass...


Apply Now ›
San Francisco Labor & Employment Senior Litigation Associate

Duane Morris LLP has an immediate opening for a senior level, highly motivated litigation associate to join its dynamic and growing Employme...


Apply Now ›
Go to Lawjobs
Clifford Law Offices, PC
04/29/2024
The National Law Journal

Professional Announcement


View Announcement ›
MELICK & PORTER, LLP
04/15/2024
Connecticut Law Tribune

MELICK & PORTER, LLP PROMOTES CONNECTICUT PARTNERS HOLLY ROGERS, STEVEN BANKS, and ALEXANDER AHRENS


View Announcement ›
Apruzzese, McDermott, Mastro & Murphy, P.C.
04/11/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
Go to Professional Announcements