Brian Glen Brewer v. Anthony Hedgpeth

This case was a post-conviction habeas corpus petition.  Mr. Brewer was sentenced pursuant to California’s Three Strikes law to four consecutive terms of 40 years to life after a jury convicted him at trial in Los Angeles County Superior Court for the alleged robbery of a credit union.  Mr. Brewer protested his innocence from the very outset to his court-appointed public defenders.  After years of investigation, heated litigation and an evidentiary hearing in the U.S. District Court in Santa Ana, California, a Magistrate Judge issued an order recommending that Mr. Brewer’s Petition be granted. The Magistrate Judge found, after an evidentiary hearing, that Mr. Brewer’s Sixth Amendment right was violated by his trial counsel’s failure to diligently and effectively investigate his alibi defense. The District Court affirmed the Magistrate Judge’s well-written and incisively thought out 50-page Opinion filed on November 23, 2009.  The Government appealed and this rare victory was reversed by the 9th Circuit Court of Appeal. The U.S. Supreme Court denied certiorari in October 2012.  The evidence exhaustively analyzed by the District Court pointed to clear doubt about the validity of Mr. Brewer’s conviction.