No. 19-5951

Jeffrey L. Harris v. Judy P. Smith, Warden

Lower Court: Seventh Circuit
Docketed: 2019-09-17
Status: Denied
Type: IFP
Response WaivedIFP
Tags: actual-innocence certificate-of-appealability constitutional-violation due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel miscarriage-of-justice newly-discovered-evidence recantation standing
Key Terms:
DueProcess FourthAmendment HabeasCorpus Punishment Securities
Latest Conference: 2019-10-18
Question Presented (AI Summary)

Is Jeffrey L. Harris entitled to a Certificate of Appealability?

Question Presented (OCR Extract)

QUESTION(S) PRESENTED 1. Is Jeffrey L. Harris entitled to a Certificate of Appeal: ability? 2. Is Jeffrey Harris entitled to a Pinholster Bearing to prove that his Trial Counsel, Robert s. Sosnay & his Aoppellate Counsel, Mark Lukoff£, were an ineffective assistance of counsel? 3. Can the Defendant, Jeffrey L. Warris,who did not antere into any conspiracy, nor had any knowledge that a crime be found guilty of Intentional Homicide pursuant to 940.01 and 932.05 Stats., and remain in prison in violation of Laws, Constitution, or Treaties Of The United States? 4, Should a new Jury have the right to review Attorney Byron authentic investigative memo dated May 9, 2013, and him in person to conclude that the interview with Herbert Shropshire is accurate and true that , Jeffrey L. Harris had nothing to do with Gervis Myles' death nor the crime of the Great Western Liquor Store? 5. Did the state and District Courts failed in their duty to make an independent finding upon Jeffrey Harris showing that he 4id not possess any malice nor intent to kill, nor possess any 339.05 elements upon showing the newly discovered evidence verses the old evidence adduced at his jury trial and allowed Harris to de convicted unlawfully ; on perjury testimony? : 6. Will this United States Supreme Court concur that the controversy in this case is not fully tried and a miscarriage of justice has occurred in this particular case on appeal? 7. %Is Jeffrey Harris's actual innocent claim the “gateway” for federal courts and this Supreme Court Of The United States to review his abusive & successive constitutional claims through which a petitioner may pass whether the impediment is a procedural bar or expiration of the statutory of limitations for 4 habeas corpus being barred and in light of the evidence he is truly innocent of the crime beyond ; a reasonable doubt? 8. This is a rare, exceptional, unigue,. extraordinary case showing a genuine claim that Jeffrey L. Harris is "Actually Innocence" of the alleged homicide and attempted armed robbery which was a "Theft Case" that led to Gervis Myles' death and show “cause”, “prejudice" that offends fundamental principles of justice where the State Courts, ! Eastern District Court and the Seventh Circuit Court Of Appeals ignored : to grant a new trial and refused to abide by its own statutory commands ‘ depriving Harris of protected Fourteenth and the Sixth as well as j the 8th Amendment Right rendering Harris's Constitutional (Fundamental ' Unfairly) and causing him to remain in prison unconstitutionally? ; 9. Harris is entitled to a Writ Of Certiorari and Habeas Corpus « Relief as a matter of law in the Interest Of Justice :

Docket Entries

2019-10-21
Petition DENIED.
2019-10-03
DISTRIBUTED for Conference of 10/18/2019.
2019-09-19
Waiver of right of respondent Judy P. Smith to respond filed.
2019-07-16
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 17, 2019)

Attorneys

Jeffrey L. Harris
Jeffrey L. Harris — Petitioner
Judy P. Smith
Jacob J. WittwerWisconsin Department of Justice, Respondent