No. 20-6829

Joseph J. Buttercase v. Nebraska

Lower Court: Nebraska
Docketed: 2021-01-11
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: 14th-amendment 8th-amendment actual-innocence due-process eighth-amendment fourteenth-amendment nebraska postconviction-relief pro-se
Key Terms:
DueProcess HabeasCorpus Punishment Privacy JusticiabilityDoctri
Latest Conference: 2021-04-30 (distributed 2 times)
Question Presented (AI Summary)

Whether there is a federal constitutional right for a prisoner to be released upon proof of actual innocence?

Question Presented (OCR Extract)

QUESTIONS ‘PRESENTED Due to Nebraska law governing procedures for postconviction relief being inconsistent with traditional principles of fundamental fairness, the vast majority of Nebraska prisoners fail to obtain proper testing by the state courts of constitutional issues of the most numerous and important types, in turn, prisoners usually do not receive any fact hearings on their allegations. In light of the foregoing, this petition presents the following: 1. Whether there is a federal constitutional right for a prisoner to be released upon proof of actual innocence? 2. Whether the state-law procedures for postconviction relief in Nebraska : are constitutionally inadequate in the hearing and determination of claims from prisoners of violation of federal constitutional guarantees? 3. Whether a pro se postconviction relief movant in Nebraska should be held to the same standard as one who is represented by counsel? i

Docket Entries

2021-05-03
Rehearing DENIED.
2021-04-14
DISTRIBUTED for Conference of 4/30/2021.
2021-03-10
Petition for Rehearing filed.
2021-02-22
Petition DENIED.
2021-01-14
DISTRIBUTED for Conference of 2/19/2021.
2021-01-12
Waiver of right of respondent Nebraska to respond filed.
2020-11-19
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 10, 2021)

Attorneys

Joseph J. Buttercase
Joseph J. Buttercase — Petitioner
Joseph J. Buttercase — Petitioner
Nebraska
James A. CampbellNebraska Attorney General's Office, Respondent
James A. CampbellNebraska Attorney General's Office, Respondent