No. 18-8182

Monty M. Shelton v. Gene Beasley, Warden

Lower Court: Eighth Circuit
Docketed: 2019-03-01
Status: Denied
Type: IFP
Response WaivedIFP
Tags: actual-innocence due-process fair-hearing habeas-corpus miscarriage-of-justice non-capital obstruction procedural-hurdles savings-clause sixth-amendment
Latest Conference: 2019-04-12
Question Presented (from Petition)

Should meritorious actual innocence claims in non-capital Habeas Corpus filings overcome all procedural hurdles and be afforded at least one full and fair hearing on the merits?

Does the failure of a minority of the Circuits to include the miscarriage of justice exception to the Savings Clause of 28 U.S.C. § 2255 violate the Due Process rights of petitioners with meritorious actual innocence claims?

Should the narrow interpretation of what constitutes an obstruction be broadened to include the miscarriage of justice exception as it applies to meritorious actual innocence claims?

Should the word "Opportunity" be changed to "a Ruling on the Merits" when the Savings Clause is applied to meritorious actual innocence claims?

Question Presented (AI Summary)

Should meritorious actual innocence claims in non-capital Habeas Corpus filings overcome all procedural hurdles and be afforded at least one full and fair hearing on the merits?

Docket Entries

2019-04-15
Petition DENIED. Justice Kagan took no part in the consideration or decision of this petition.
2019-03-21
DISTRIBUTED for Conference of 4/12/2019.
2019-03-07
Waiver of right of respondent Gene Beasley, Warden to respond filed.
2018-10-24
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 1, 2019)

Attorneys

Gene Beasley, Warden
Noel J. FranciscoSolicitor General, Respondent
Monty M. Shelton
Monty Shelton — Petitioner