Judge Trish Rose Friday took under advisement whether to let a Habeas Corpus filing by James Ryan Bloom to continue through the District Court.
The Kansas Supreme Court already denied a petition of review in the case against Bloom, so he’s now seeking relief from the nearly 27-years in prison through the civil filing.
It was the Kansas Court of Appeals who upheld the June 9, 2006, conviction of Bloom, the former Dodge City Police Officer, the Trego County Sheriff and an instructor at the Kansas Law Enforcement Training Center.
He was found guilty of one count of rape, six counts of aggravated indecent liberties with a child and one count of lewd and lascivious Conduct. The victim in the case was a 12-year-old girl. The crimes occurring from January 1, 2005 to March 21, 2006.
Bloom in his appeal argued the court erred in denying his motion to dismiss the case based on a speedy trial violation, refusing to instruct the jury on the lesser included offense of attempted rape, denying a motion to suppress his written and videotaped confessions, denying a motion to suppress statements made by the victim, refusing to grant a mistrial, and imposing aggravated presumptive sentences. The Appeals Court ruled against Bloom on all of these issues. His attorney’s then asked for a review by the Kansas Supreme Court, and that was denied. He now also claims ineffective counsel at the appellate level.
The state filed a motion to dismiss the civil filing saying these issue were already decided at the appellate level. That’s what Judge Rose took under advisement and will issue a written opinion in the near future. She can grant the states request and dismiss all of it, or part of it, or allow the filing to move to further hearings.