Willie E. Boyd v. Francisco J. Quintana, Warden
DueProcess FifthAmendment HabeasCorpus
Whether the decision of the Sixth Circuit is in conflict with United States v. Hayman, 342 U.S. 205 (1952)
QUESTION PRESENTED Whether the decision of the Sixth Circuit is in conflict with United States v. Hayman, 342 U.S. 205 (1952), were the Appellate ~ Court has made 28 U.S.C. § 2241 only available based on new evidence that only proves "actual innocence", even though the federal prisoner has demonstrated that the 28 U.S.C. § 2255 is “inadequate or ineffective" .to bring a 5th Amendment Constitutional Due Process claim, under Brady and shows new evidence that undermines confidence in the verdict. : Based on the rulings of the lower courts the question must be asked, has the Habeas Corpus under U.S. Const. Art. 1, § 9, cl. 2, been suspended for federal prisoners, who raise Fifth Amendment due process violations under Brady" and its progeny. Where the government has suppressed the evidence, only to be discovered though due diligence, after the petitioner's direct appeal, and after his initial § 2255, and the standard for taking a second or successive petition, pursuant to 28 U.S.C. § 2255(h), (1) and (2), does not allow for a federal prisoner to take a "Brady" claim. This Court's resolution of this matter would give guidance on the issue: As to when is the "escape hatch" is to be utilized by federal prisoners under 28 U.S.C. § 2255(e), where he has no venue to have the Constitutional Question addressed on the merits, where he has proven that the § 2255 is "inadequate or ineffective" to test the legality of the federal prisoner's detention. Where as : ii in this case, clearly there stands the question of the violation of a Fifth Amendment Constitutional right, and petitioner has no court to turn to, and the government stands rewarded for successfully suppressing hundreds of pages of investigative documents in the case. : iii