No. 18-8972

Wardell Nelson Joiner, Jr. v. John Sutton, Warden

Lower Court: Ninth Circuit
Docketed: 2019-04-23
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: actual-innocence constitutional-error due-process evidentiary-hearing fair-trial false-evidence forensic-evidence habeas-corpus schlup-standard schlup-v-delo time-of-death wrongful-conviction
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2019-11-01 (distributed 2 times)
Question Presented (AI Summary)

Did the courts below err in applying Schlup v. Delo to hold that Petitioner's compelling new evidence was insufficient to establish reasonable doubt?

Question Presented (from Petition)

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?

Docket Entries

2019-11-04
Rehearing DENIED.
2019-10-16
DISTRIBUTED for Conference of 11/1/2019.
2019-07-04
Petition for Rehearing filed.
2019-06-10
Petition DENIED.
2019-05-22
DISTRIBUTED for Conference of 6/6/2019.
2019-05-13
Waiver of right of respondent John Sutton, Warden to respond filed.
2019-03-20
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 23, 2019)

Attorneys

John Sutton, Warden
David Delgado-Rucci — Respondent
David Delgado-Rucci — Respondent
Wardell Joiner
Wardell Nelson Joiner Jr. — Petitioner
Wardell Nelson Joiner Jr. — Petitioner