Kirk A. Simmons v. United States
HabeasCorpus Securities
Did the District Court abuse its discretion when it dismissed petitioner's Rule 60 motion, which asserted evidence falsification and Fraud on the Court, for lack of jurisdiction by recharacterizing the motion as a unauthorized second habeas corpus petition?
QUESTION(S) PRESENTED 1. Did the District Court abuse its discretion when it dismissed petitioner's Rule 60 motion, which asserted evidence falsification and Fraud on the Court, for lack of jurisdiction by recharacterizing the motion as a unauthorized second habeas corpus petition? 2. Did the U.S. Court of Appeals exceed the scope of the analysis required : for a’Certificate of Appealability when it stated "Appellant was not entitled to relief under Rule 60(b) because he failed to show that there were ‘extra. ordinary circumstances ' vhere, without [Rule 60(b)] relief, an extreme and unexpected hardship would occur"? 3. Would a split appellate decision denying a rehearing enbanc request for a . Certificate of Appealability actually evidence that jurists of reason do find the District Court's resolution of the claims debatable or wrong? 4. Does the continuous denial of a habeas corpus hearing to a petitioner who . can establish his legal innocence on the existing record, but could not have done so at an earlier time due to egregious misconduct by the government and ineffective assistance from his defense counsel give rise to a serious . Constitutional issue? If so, what are the avenues available to address those Constitutional issues?