No. 20-6485

Qinard Lamar Collins v. Mark S. Inch, Secretary, Florida Department of Corrections, et al.

Lower Court: Eleventh Circuit
Docketed: 2020-12-01
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: actual-innocence circuit-split due-process federal-courts habeas-corpus medical-evidence shaken-baby-syndrome statutory-interpretation
Key Terms:
HabeasCorpus Securities
Latest Conference: 2021-01-08
Question Presented (AI Summary)

Whether a freestanding claim of actual innocence is cognizable in a 28 U.S.C. § 2254 proceeding in a case where the prosecution's theory was based on 'shaken baby syndrome' but there has now been a sea change in the medical community questioning the reliability of 'shaken baby syndrome'

Question Presented (OCR Extract)

QUESTION PRESENTED FOR REVIEW Whether — in a case where (1) the prosecution’s theory was based on “shaken baby syndrome” but (2) there has now been a sea change in the medical community, which now questions the reliability of “shaken baby syndrome” — a freestanding claim of actual innocence is cognizable in a 28 U.S.C. § 2254 proceeding. il B. PARTIES INVOLVED The parties involved are identified in the style of the case. iii

Docket Entries

2021-01-11
Petition DENIED.
2020-12-10
DISTRIBUTED for Conference of 1/8/2021.
2020-12-03
Waiver of right of respondent Mark S. Inch, Secretary, Florida Department of Corrections to respond filed.
2020-11-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 31, 2020)

Attorneys

Mark S. Inch, Secretary, Florida Department of Corrections
Pamela J. KollerOffice of the Attorney General, Respondent
Qinard Collins
Michael Robert UffermanMichael Ufferman Law Firm, P.A., Petitioner