Wardell Nelson Joiner, Jr. v. John Sutton, Warden
DueProcess HabeasCorpus
Did the courts below err in applying Schlup v. Delo to hold that Petitioner's compelling new evidence was insufficient to establish reasonable doubt?
QUESTIONS PRESENTED I. Did the courts below err in applying this Court's decision in Schlup v. Delo to hold that Petitioner's compelling new evidence, though presenting at the very least a colorable claim of actual innocence, was as a matter of law insufficient to establish a reasonable doubt in regards to his guiltmerely because the evidence did not affirmatively prove his innocence? II. | When presented with reliable evidence in a Schlup gateway claim is there a denial of due process when there is no evidentiary hearing and the facts are conclusively presumed against a Petitioner?