No. 20-628

Samuel Anstey v. Ralph Terry, Superintendent, Mount Olive Correctional Complex, et al.

Lower Court: Fourth Circuit
Docketed: 2020-11-10
Status: Denied
Type: Paid
Response Waived
Tags: actual-innocence aedpa arson-investigation due-process fire-science habeas-corpus ineffective-assistance-of-counsel newly-discovered-evidence post-conviction-relief summary-judgment
Key Terms:
DueProcess HabeasCorpus JusticiabilityDoctri
Latest Conference: 2020-12-04
Question Presented (AI Summary)

Whether a petitioner whose conviction was based substantially on discredited arson investigation techniques can survive summary judgment under 28 U.S.C. § 2244 on a theory that changes in fire investigation science constitute newly discovered evidence

Question Presented (from Petition)

QUESTION PRESENTED Whether a petitioner whose conviction was based substantially on discredited arson investigation techniques can survive summary judgment under 28 U.S.C. § 2244 on a theory that changes in fire investigation science constitute newly discovered evidence.

Docket Entries

2020-12-07
Petition DENIED.
2020-11-17
DISTRIBUTED for Conference of 12/4/2020.
2020-11-13
Waiver of right of respondent Ralph Terry to respond filed.
2020-11-05
Petition for a writ of certiorari filed. (Response due December 10, 2020)

Attorneys

Ralph Terry
Lindsay Sara SeeOffice of the West Virginia Attorney General, Respondent
Lindsay Sara SeeOffice of the West Virginia Attorney General, Respondent
Samuel Anstey
Devon Thomas UngerWest Virginia Innocence Project, Petitioner
Devon Thomas UngerWest Virginia Innocence Project, Petitioner