No. 18-7060

Brian William Schumaker v. Hector Joyner, Warden

Lower Court: Fourth Circuit
Docketed: 2018-12-17
Status: Denied
Type: IFP
Response WaivedIFP
Tags: actual-innocence constitutional-claims due-process judicial-notice jury-instructions prudential-consideration theory-of-defense void-for-vagueness
Key Terms:
DueProcess HabeasCorpus JusticiabilityDoctri
Latest Conference: 2019-01-11
Question Presented (AI Summary)

Whether the lower courts erred in recharacterizing and failing to fully consider the petitioner's constitutional claims of actual innocence and theory of defense instructions

Question Presented (OCR Extract)

QUESTION(S) PRESENTED I. WHETHER the lower courts, hearing the petitioner's Constitutional claims of "actual innocence" and "theory of defense’ instructions delivered to the trial jury, ERRED Constitutionally by repeatedly recharacterizing and deliberately FAILING to judicially notice the petitioner's actual -questions, or providing full prudential consideration to those Constitutional claims? ; II. WHETHER the petitioner is Constitutionally entitled to have the defense proposed instruction, that a full statement of.. ‘"'the Law" on the "theory of defense' be included in the court's charge to the jury; and whether the court's neglect to deliver such full statement is sufficient reason for reversal?

Docket Entries

2019-01-14
Petition DENIED.
2018-12-27
DISTRIBUTED for Conference of 1/11/2019.
2018-12-21
Waiver of right of respondent Hector Joyner, Warden to respond filed.
2018-11-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 16, 2019)
2018-11-16
Application (18A519) granted by The Chief Justice extending the time to file until November 30, 2018.
2018-09-18
Application (18A519) to extend the time to file a petition for a writ of certiorari from October 1, 2018 to November 30, 2018, submitted to The Chief Justice.

Attorneys

Brian William Schumaker
Brian William Schumaker — Petitioner
Brian William Schumaker — Petitioner
Hector Joyner, Warden
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent