No. 19-8207

In Re David Dwayne Brown

Lower Court: N/A
Docketed: 2020-04-07
Status: Denied
Type: IFP
IFP
Tags: actual-innocence constitutional-claims constitutional-review default-review gateway-claim habeas-corpus newly-discovered-evidence schlup-v-delo
Key Terms:
Privacy
Latest Conference: 2020-04-24
Question Presented (AI Summary)

Whether the petitioner's claim of actual innocence, supported by newly discovered evidence, entitles him to a de novo review of the merits of his defaulted constitutional claims

Question Presented (from Petition)

Question(s) for Review: ; ° The issue(s) presented is based on a claim of actual innocence, supported by newly discovered evidence, the new evidence is not proffered as a “freestanding” claim, but proffered as a “gateway” claim entitling him to a de novo review of the merits of Petitioner's defaulted Constitutional claims, Schlup v. Delo, 513 U.S. 298, 327 (1995). II.

Docket Entries

2020-04-27
Petition DENIED.
2020-04-09
DISTRIBUTED for Conference of 4/24/2020.
2020-03-27
Petition for writ of habeas corpus and motion for leave to proceed in forma pauperis filed.

Attorneys

In Re David Dwayne Brown
David Dwayne Brown — Petitioner
David Dwayne Brown — Petitioner