Foley v. Biter

Petitioner, convicted of first degree murder and related charges, appealed the district court's order denying his motion for relief from judgment pursuant to F.R.C.P. 60(b)(6). Petitioner properly filed a petition for habeas corpus in federal district court in 2001; the district court denied the petition in 2004; and petitioner's counsel, forgetting that he represented petitioner, did not inform petitioner of the denial. Petitioner discovered that his petition was denied six years later when he sent a letter inquiring about his status. The court concluded that the district court erred by finding that petitioner was not abandoned by his attorney; counsel's failure to communicate with petitioner, to preserve petitioner's ability to appeal, and to withdraw from the case clearly constituted abandonment; the district court abused its discretion to the extent the district court relied on lack of diligence or failure to file within a reasonable time to deny the motion for relief; and petitioner's motion for relief was timely. Accordingly, the court reversed and remanded for further proceedings. View "Foley v. Biter" on Justia Law