Justice Should not Require Court to Give Patience to Criminal Petitioner
Court Allows itself to be Abused by Convicted Murderer and Insurance Fraudster
A Prisoner Has a Limited Right to file a Habeas Petition but Must do so Properly
Post number 5387
Posted on July 6, 2026 by Barry Zalma
Court Allows itself to be Abused by Convicted Murderer and Insurance Fraudster
A Prisoner Has a Limited Right to file a Habeas Petition but Must do so Properly
Post number 5387
In Tami Duvall v. State Of Indiana, No. 1:25-cv-01239-SEB-TAB, United States District Court, S.D. Indiana, Indianapolis Division (July 1, 2026) Indiana prisoner Tami Duvall filed a habeas petition under 28 U.S.C. § 2254 challenging her 2011 Indiana convictions for murder, insurance fraud, and obstruction of justice.
Law:
Federal Rule of Civil Procedure 15(a) governs amendment of pleadings, allowing amendment as of course within specified time limits and otherwise permitting amendment with leave of court when justice so requires.
Federal Rule of Civil Procedure 12(f) permits the Court to strike redundant matter. Rule 5 of the Rules Governing Section 2254 Cases requires the respondent to address the petition and identify any defenses based on exhaustion, procedural default, non-retroactivity, or statute of limitations.
Discussion:
The Court first addressed Duvall’s motion to amend. Because she timely corrected the deficiencies by filing signed and verified amended petitions, the Court granted leave to amend in the interests of justice.
Analysis:
The order does not decide the validity of Duvall’s habeas claims. Rather it clarifies the operative pleading and establishes how the respondent must proceed.
The Court created two briefing tracks: one for a complete procedural-bar motion to dismiss, and another for an answer addressing the merits and any Rule 5 defenses if a complete procedural bar is not asserted.
Conclusion:
The Court granted Duvall’s motion to amend, struck the duplicate amended petition designated the operative amended petition, and ordered the respondent to appear by July 16, 2026.
The Court concluded that the respondent must either file a procedural-bar motion by August 13, 2026, or answer the petition by September 3, 2026, with further briefing limited to the schedule set by the Court. The Court proposed two tracks:
Track 1:
If respondent argues that all claims in the petition are subject to one of the procedural bars for dismissal outlined in Rule 5(b), respondent was ORDERED to file a motion to dismiss based on a complete procedural bar by August 13, 2026. Petitioner shall have 21 days to respond. Respondent will then have 7 days after the docketing of the response in which to reply. If the motion to dismiss is denied, respondent shall have 21 days from the date the motion is denied to brief the merits, and petitioner shall have 28 days to reply.
Track 2:
If Track 1 does not apply, respondent is ORDERED to answer the petition by September 3, 2026. This is respondent's only opportunity to address the allegations in the petition.
Other than the two briefing tracks set forth above, no further briefing will be permitted absent Order of the Court.
The Court does not anticipate extending respondent's deadlines absent respondent specifically setting forth extraordinary circumstances.
ZALMA OPINION
People who are convicted of insurance fraud, murder and obstruction of justice are far from honest, reasonable and conscientious litigants. This convicted felon challenged her 2011 Indiana convictions for murder, insurance fraud, and obstruction of justice 15 years after her conviction acting as her own lawyer only to fail procedurally and be given the opportunity to fix her errors by a United States District Court judge. Jail house lawyers exercise all their rights without shame and the USDC, out of a need to be fair, gives them the chance to salve the boredom of incarceration, although the USDC should not allow a vicious criminal any attempt to avoid prison.
(c) 2026 Barry Zalma & ClaimSchool, Inc.
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