Table of Contents Included in Document
Memorandum in Support of Habeas Petition in Child Sex Abuse Case
Open Records Request
Letter to Defense Expert
Application for Writ of Habeas Corpus
Moiton for New Trial
Motion for Issuance and Enforcement of Subpoena for Additional Medical Records
Ruling on Motion for New Trial and Ruling by Georgia Court of Appeals
Argument: With proper investigation, preparation, and presentation by the defense in this case, there is absolutely overwhelming evidence that supports Mr. Nowill's total innocence. Mr. Nowill is presently seven years into the service of his sentence of thirty years in prison because, to date, no sitting judge or sitting jury had presented to them the complete evidence in this case for their consideration. Mr. Nowill is, in fact, innocent.
Mr. Nowill is the father of the alleged victim, Heather Nowill. On August 13, 2000, Heather, then aged 16, claimed that her father had been having a sexual relationship with her over the previous four years since she was 12 years old. She claimed this sexual relationship involved digital penetration of her vagina, mutual oral sex between she and her father, and full acts of sexual intercourse with complete and full penetration of her vagina by her father's penis occurring 3 to 4 times weekly for the duration of the 4 year period of time. Stunned when he first confronted with these allegations on the day of her outcry, and continuing for 2 years including his testimony before the jury in this case, Mr. Nowill denied any sexual contact with his daughter and consistently has maintained his innocence.
On the day of her alleged outcry Heather was required to undergo a medical examination at University Hospital. The complete report of this examination was not provided to trial counsel by the State. Trial counsel did not independently request of subpoena the medical records of the examination. The State did not call the doctors who performed the medical examination to testify in the trial. Also, despite the extensive and ongoing allegations of intercourse by Heather, trial counsel did not request or subpoena the medical records from her regular doctor throughout the period of time in question. With virtually nothing except the word of the alleged victim the case proceeded to trial. Even law enforcement personnel admitted there was absolutely no physical evidence to support the allegation.
Brief of the National Association of Criminal Defense Lawyers as Amicus Curiae in Support of the Petitioner (on Petition for Writ of Certiorari).
Argument: Wood did not resolve the confusion among lower federal courts over the standard applicable to habeas challenges to state-court factual findings. For a decade, this Court has recognized confusion over the interplay between § 2254(d)(2) and § 2254(e)(1). Discord among lower courts has only increased since Wood. The ongoing circuit split risks different outcomes for petitioners with identical claims. This case is an ideal vehicle to resolve the circuit split. Applying the § 2254(e)(1) presumption to § 2254(d)(2) claims, as the Fifth Circuit did here, offends statutory text and congressional intent.