No. 19-5551

Jeffrey R. MacDonald v. United States

Lower Court: Fourth Circuit
Docketed: 2019-08-09
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 5th-amendment 8th-amendment actual-innocence constitutional-violation due-process federal-law federal-procedure habeas-corpus liberty-interest
Key Terms:
DueProcess HabeasCorpus Punishment JusticiabilityDoctri
Latest Conference: 2019-10-01
Question Presented (AI Summary)

Is actual innocence a freestanding ground for relief under 28 U.S.C. § 2255?

Question Presented (OCR Extract)

QUESTIONS PRESENTED L Is actual innocence of the crimes for which Petitioner was convicted and imprisoned a freestanding ground for relief under 28 U.S.C. § 2255? I. Do the Fifth and Eighth Amendments to the United States Constitution prohibit the imprisonment of a person who is actually innocent of the crimes for which the person has been convicted? Ill. By what standard is “actual innocence” determined when presented as a freestanding claim for relief in a motion under 28 U.S.C. § 2255? IV. Did the Court of Appeals err in concluding that Petitioner failed to meet the gatekeeping standard of 28 U.S.C. § 2255(h)?

Docket Entries

2019-10-07
Petition DENIED.
2019-08-29
DISTRIBUTED for Conference of 10/1/2019.
2019-08-21
Waiver of right of respondent United States to respond filed.
2019-05-20
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 9, 2019)

Attorneys

Jeffrey MacDonald
Joseph Edward Zeszotarski Jr.Gammon, Howard & Zeszotarski, PLLC, Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent