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
Latest Conference: 2021-04-30 (distributed 2 times)
Question Presented (from Petition)

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?

Question Presented (AI Summary)

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

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
Nebraska
James A. CampbellNebraska Attorney General's Office, Respondent