No. 19-8159

Jeffrey Ramirez v. Joe M. Allbaugh, Director, Oklahoma Department of Corrections

Lower Court: Tenth Circuit
Docketed: 2020-04-02
Status: Denied
Type: IFP
IFP
Tags: actual-innocence aedpa aedpa-time-bar due-process habeas-corpus ineffective-assistance-of-counsel post-conviction-relief procedural-rules time-bar
Key Terms:
DueProcess HabeasCorpus JusticiabilityDoctri
Latest Conference: 2020-06-04
Question Presented (AI Summary)

When is it permissible for application of the time bar of AEDPA, without due consideration of the evidence provided throughout a diligently pursued actual innocence claim, that was not presented at trial by counsel, though counsel was aware of the fact?

Question Presented (OCR Extract)

QUESTION(S) PRESENTED (1) When is it permissible for application of the time bar of AEDPA, without due consideration of the evidence provided throughout a diligently pursued actual innocence claim, that was not presented at trial by counsel, though counsel was aware of the fact? (2) When a Petitioner follows the local court rule for submission of extra pages in his post-conviction and the court denies the submission, striking it from the record, is such action to be held as an improper filing for the purpose of denying habeas submission to the federal court _ although the record clearly reflects the appeal process was diligently pursued? ea a + ;

Docket Entries

2020-06-08
Petition DENIED.
2020-05-20
DISTRIBUTED for Conference of 6/4/2020.
2019-12-17
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 4, 2020)
2019-10-18
Application (19A416) granted by Justice Sotomayor extending the time to file until December 23, 2019.
2019-10-04
Application (19A416) to extend the time to file a petition for a writ of certiorari from October 23, 2019 to December 22, 2019, submitted to Justice Sotomayor.

Attorneys

Jeffrey Ramirez
Jeffrey Ramirez — Petitioner
Jeffrey Ramirez — Petitioner