No. 18-6788

Rhett Bean v. Israel Hamilton, Warden

Lower Court: Fourth Circuit
Docketed: 2018-11-23
Status: Denied
Type: IFP
IFP
Tags: civil-rights criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel miscarriage-of-justice presumption-of-innocence
Latest Conference: 2019-01-18
Question Presented (AI Summary)

Whether wrongly excluded evidence may be used to rebut the presumption of guilt for a criminal conviction under Schlup v. Delo, 513 U.S. 298, 113 S.Ct. 851, 324, 332 (1995)

Question Presented (OCR Extract)

QUESTION(S) PRESENTED For 4+he purpose of U.sc.a 2253 (c), is 4 debatable that weongly excluded evidence. may be used to rebub the presumption of guilt for A crimininl CoNVIGON UAder Schulp -VDelo 513 u.s 289, 113 5.c4 B51, 324, 332 C1995) 2 EP sufFicient Lacks are presented to demonstaste Yoalb a pelbioveg will be able. to prove he didw} commit the came preseiited ab daal should a US.CA 2253 (c) Cearfenke of appentability issue on 4 MISCARRIAGE. OF yushce claim ? Wher counsel does wok ensure mandatory procedures are followed and alley his cliewt to go to Sainl without Ynose safe guards in place is She Yreshslding showing. of a conshsubional viclation meet Soa USCA 2253 cerbSicate of appedacdlity z

Docket Entries

2019-01-22
Petition DENIED.
2019-01-03
DISTRIBUTED for Conference of 1/18/2019.
2018-06-26
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 24, 2018)

Attorneys

Rhett Bean
Rhett Bean — Petitioner