HabeasCorpus Punishment JusticiabilityDoctri
Whether the United States Supreme Court has jurisdiction under habeas corpus and all writ jurisdiction to review circuit court's gate keeping order denying authorization to file successive habeas corpus petition?
QUESTION(S) PRESENTED WHETHER THE UNITED STATES SUPREME COURT HAS JURISDICTION UNDER HABEAS CORPUS AND ALL WRIT JURISDICTION TO REVIEW CIRCUIT COURT'S GATE KEEPING ORDER DENYING AUTHORIZATION TO FILE SUCCESSIVE HABEAS CORPUS PETITION? WHETHER PETITIONER'S DISCOVERY OF NEWLY DISCOVERED EVIDENCE OF HIS ACTUAL INNOCENCE CONSTITUTE CAUSE FOR AUTHORIZATION TO FILE A SUCCESSIVE HABEAS CORPUS PETITION? WHETHER CIRCUIT COURTS INDEPENDENT FACTUAL DETERMINATION ON NEW EVIDENCE IN THE ABSENCE OF A RECORD CONSTITUTE AN ABUSE OF THE COURT'S DISCRETION? WHETHER THE CIRCUIT COURT'S ORDER DENYING --— PETITIONER AUTHORIZATION TO FILE A SUCCESSIVE HABEAS CORPUS CONSTITUTE A DIVERGENT FROM THE STATUTORY PROVISIONS OF 28 USC §2244(d)(1), (2) THUS RESULTING IN VIOLATION OF PETITIONER'S CONSTITUTIONAL RIGHT TO HABEAS CORPUS REVIEW? 2 .