Talton v. Warden

The petitioner, Napier Taitón, filed a petition for a writ of habeas corpus to set aside, on the grounds of lack of due process and of ineffective assistance of counsel, his conviction for sexual assault in the first degree and for being a persistent felony offender.1 After an evidentiary hearing, the habeas court rendered a judgment dismissing the petition. The court concluded that the petitioner’s claim of a due process violation based on an allegation of actual innocence could not be sustained because of a lack of credible evidence. The court further concluded that his claim of ineffective…