DueProcess HabeasCorpus Privacy JusticiabilityDoctri
Can the claim of Actual innocence be reviewed under a petition for HABEAS CORPUS ON PETITION FOR EXTRAORDANATY WRIT pursuant to 28 U.S.C. § 2241 and 2242 pursuant to Rule 20. (a)
QUESTION(S) PRESENTED can the claim of Actual innocence be reviwed under a petition for HABEAS CORPUS ON PETITION FOR EXTRAORDANATY WRIT pursuant to 28 U.S.C. § 2241 ans 2242 pursuant to Rule 20. (a). . | The petitioner was convicted in a state court where the “victim of the offense was nevered asked to make an identification of the petitioner, and newly tested DNA evidence has excluded the petitioner on may 17, 2017, which was filed in the trial court of Auaust 9, 2019. The petitioner has raised the claim of Aatual Innocence where he was sentenced to a termof life where the evidénce now excludes the petitioner and the victim has not made an identification of the petitioner which has ; resulted in a void conviction. : The patitioner has no other avenue to which he can obtain a redress and the Fifth Circuit Court of Appeals has denied the request to file a petition without a review of the facts of the case or a review of the petitioners origional habeas request. in a determination if in fact the petition is a second or sucessive netition, waS previously filed , which was not and only discovered of June 6, 2019 and filed in the clerks office as "Newly Discovered Evidence of August 9, 2019.