No. 19-7870

Louis Ivester Peets v. Robert W. Fox, Warden

Lower Court: Ninth Circuit
Docketed: 2020-03-04
Status: Denied
Type: IFP
IFP
Tags: actual-innocence certificate-of-appealability habeas-corpus insanity-defense ninth-circuit ninth-circuit-review not-guilty-by-reason-of-insanity procedural-bar schlup-gateway schlup-test
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2020-05-01
Question Presented (AI Summary)

Whether newly presented evidence of insanity would constitute 'actual innocence' to allow passage through Schlup's actual innocence gateway

Question Presented (OCR Extract)

QUESTION(S) PRESENTED (1) If Petitioner provided sufficient newly presented evidence for all reasonable jurors to conclude that he was “not guilty by reason of insanity’—would that constitute “actual innocence” to allow passage through Schlup’s actual innocence gateway and have his otherwise procedurally barred habeas corpus claims reviewed on the merits? ; (2) If the answer to question #1 is “Yes”, did the Ninth Circuit err in denying Petitioner’s motion for a COA, given that he had provided evidence to satisfy both components of the Slack test? ; j . } . .

Docket Entries

2020-05-04
Petition DENIED.
2020-04-16
DISTRIBUTED for Conference of 5/1/2020.
2020-02-22
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 3, 2020)
2019-12-12
Application (19A661) granted by Justice Kagan extending the time to file until February 24, 2020.
2019-12-05
Application (19A661) to extend the time to file a petition for a writ of certiorari from December 26, 2019 to February 24, 2020, submitted to Justice Kagan.

Attorneys

Louis I. Peets
Louis Ivester Peets — Petitioner