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
Key Terms:
HabeasCorpus
Latest Conference: 2020-02-21
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?

Question Presented (OCR Extract)

QUESTIONS ‘PRESENTED t. = 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 COUVATS REFUSED To ADDRESS AND NO STATE OR FEDERAL LovRT HAS HELD AN EVIDENTIARY HEARING 10 EXAMINE HIS NEW EVIDENCE? 2, WHETHER THE ANTITERRORISM Aw) EFFECTIVE DEATH PENALTY ALT 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 ?

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