Jeffrey Ramirez v. Joe M. Allbaugh, Director, Oklahoma Department of Corrections
DueProcess HabeasCorpus JusticiabilityDoctri
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(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 + ;