No. 18-8687

Melanie A. Ogle v. Ohio Department of Rehabilitation and Correction

Lower Court: Sixth Circuit
Docketed: 2019-04-04
Status: Denied
Type: IFP
IFP
Tags: actual-innocence brady-v-maryland brady-violation circuit-split credibility-of-witness due-process habeas-corpus impeachment-evidence schlup-gateway
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2019-06-06
Question Presented (AI Summary)

Has this Court amended its previous decision that the Schlup gateway standard does not require absolute certainty about the petitioner's guilt or innocence?

Question Presented (OCR Extract)

QUESTION(S) PRESENTED 1. Has this Court amended its previous decision that the Schlup gateway standard (Schlup v. Delo, 513 U.S. 298, 327 (1995), does not require absolute certainty about the petitioner's guilt or innocence decided in House v. Bell, 547 U.S. at 538, 126 S.Ct. 2064, 165 L.Ed.2d 1 (2006)? 2. Does a circuit split exist between the Sixth Circuit's decision's citing of Calderon v. Thompson, 523 U.S. 538, 563 (1998) in this case, and the Ninth Circuit's decision in Gandarela v. Jonnson,286 F.3d 1080, 1086 (9th Cir.2002), stating that, “[] new evidence that undermines [or impeaches] the credibility ' of the prosecution's case may alone suffice to get an otherwise barred petitioner through the Schiup gateway.”, in that the circuits are conflicting in their “impeachment evidence” conclusions in regard to the Schlup gateway standard? 3. Have the district court and Sixth Circuit misapplied the term and/or misinterpreted “impeachment evidence” of this Court, to the facts and new impeachment evidence presented by Petitioner in this case, by relying on Calderon v. Thompson, 523 U.S. 538, 563 (1998), a case which makes no reference to impeachment evidence of a state's sole witness to an alleged crime, (but rather, impeaching the credibility of “jailhouse informants”), in regard to her Schlup gateway claim when it was determined in this habeas case that: “None of the evidence she relied on was of the type required by Schlup, i.e., exculpatory scientific evidence, trustworthy eyewitness accounts, or critical physical evidence. Id. at 324. Indeed, Ogle herself stated that the evidence “calls into question the credibility of the [S]tate’s witnesses.”? 4. When the testimony of a state's single witness for the prosecution of an alleged crime and where the state's case rested solely on the testimony of such a witness, and the same was entirely uncorroborated by any other witness and unsupported by any other evidence, said witness subsequently provides contradictory and conflicting testimony of the state's facts and theory, can the same meet the “type” of evidence gateway standard required by Schlup? 5. Can impeachment evidence — in particular, evidence that could undermine the credibility of the testimony of a state's sole witness to an alleged crime, (such as evidence that would substantiate a Brady v. Maryland, 373 U.S. 83 (1963) violation), have a sufficient impact that could also satisfy the standard to pass through the Schlup gateway?

Docket Entries

2019-06-10
Petition DENIED.
2019-05-22
DISTRIBUTED for Conference of 6/6/2019.
2019-03-04
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 6, 2019)

Attorneys

Melanie A. Ogle
Melanie A. Ogle — Petitioner