No. 19-7555

In Re Eugene French

Lower Court: N/A
Docketed: 2020-02-05
Status: Denied
Type: IFP
IFP
Tags: aedpa aedpa-limitations evidence-hearing evidentiary-hearing federal-courts habeas-corpus jurisdiction-question newly-discovered-evidence original-jurisdiction successive-petition
Latest Conference: 2020-02-21
Question Presented (from Petition)

WHETHER TRANSFER TO THE DISTRICT COURT FOR A HEARING PURSUANT TO THIS COURT'S ORIGINAL HABEAS JURISDICTION IS WARRANTED IN THIS EXCEPTIONAL CASE WHERE PETITIONER HAS RAISED A SUBSTANTIAL QUESTION OF JURISDICTION, THE LOWER FEDERAL COURTS REFUSED TO ADDRESS AND NO STATE OR FEDERAL COURT HAS HELD AN EVIDENTIARY HEARING TO EXAMINE HIS NEW EVIDENCE?

WHETHER THE ANTITERRORISM AND EFFECTIVE DEATH PENALTY ACT OF 1996 ("AEDPA") PRECLUDE JURISDICTION CLAIMS NOT DELIBERATELY BYPASSED BY PETITIONER IN THE PRIOR PROCEEDINGS BUT RAISED FOR THE FIRST TIME IN A SUCCESSIVE HABEAS PETITION BASED ON NEWLY DISCOVERED EVIDENCE?

Question Presented (AI Summary)

Whether transfer to the district court for a hearing pursuant to this court's original habeas jurisdiction is warranted in this exceptional case where petitioner has raised a substantial question of jurisdiction, the lower federal courts refused to address and no state or federal court has held an evidentiary hearing to examine his new evidence?

Docket Entries

2020-02-24
Petition DENIED.
2020-02-06
DISTRIBUTED for Conference of 2/21/2020.
2020-01-07
Petition for writ of habeas corpus and motion for leave to proceed in forma pauperis filed.

Attorneys

In Re Eugene French
Eugene French — Petitioner