No. 20-7962

Wesley Brian Earnest v. Keith W. Davis, Warden, et al.

Lower Court: Fourth Circuit
Docketed: 2021-05-07
Status: Denied
Type: IFP
IFP
Tags: actual-innocence constitutional-claims covid-19 dna-evidence equitable-tolling extraordinary-circumstances federal-review habeas-corpus pro-se procedural-grounds
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2021-09-27
Question Presented (AI Summary)

Should courts procedurally time-bar a pro-se-inmate's habeas-corpus petition when a prison-official with a serious-health-illness is responsible for the untimely filing?

Question Presented (OCR Extract)

No question identified. : Questions Resented () a. Should courts Procedurally time=bar a pro se inmetes habeas Corpus then a priser official with a sericus health illness, such as COVTD ~ 19, is Tesgonsible For “the untimely Filing P Or, should "Extraordinary Circumstances” be recognized and = Equitable Telling granted P (This is of notional Importance with th Covrp-i4 parkeae) b. Sheuld couets recognize “Petual Trnocence ancl ) constitutional rights Vielatioas as Ground s te remove proceducal time-bars jn a habeas erpus T | C Lewer coucts are divided on this issue). | Q) a. Sheuld trial courts Preveat deferdaats the use of exenerating DNA Cloloed and aie) Simply because th DNA is not yer reoistered ia a@ Criminal database and the Thiedparty dence 13 uakKacuial lo, Should trial courts Supplact — Scientific DNA | evidence with mere Ciccumstartial eviderce, or Would this led te a surge in Wrongful Convictions Nationwide, Significantly dimicishing the public | Confidence tn the yedicial system? an . : 21J10 aUBAALD . ,

Docket Entries

2021-10-04
Petition DENIED.
2021-06-17
DISTRIBUTED for Conference of 9/27/2021.
2021-04-29
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 7, 2021)

Attorneys

Wesley Brian Earnest
Wesley Brian Earnest — Petitioner
Wesley Brian Earnest — Petitioner