No. 20-8031

Major Hudson, III v. Rick Whitten, Warden

Lower Court: Tenth Circuit
Docketed: 2021-05-14
Status: Denied
Type: IFP
Relisted (2)IFP
Tags: actual-innocence criminal-procedure due-process ineffective-assistance-of-counsel lesser-included-offense procedural-default rule-60
Latest Conference: 2022-01-07 (distributed 2 times)
Question Presented (from Petition)

1. WHETHER REASONABLE JURIST COULD FIND IT DEBATABLE THAT THERES AN EXTAORDINARY DIFFERENCE BETWEEN A MISDEMEANOR VS. A FELONY, AND WHETHER A PERSON WHO SHOULD HAVE BEEN SUBJECTED TO A MISDEMEANOR THAT CARRIES NO PRISON TIME VS. A FELONY THAT CARRIES 20 YEARS IN PRISON IS AN EXTRAORDINARY CIRCUMSTANCE THAT CONCERNS RULE 60 (b) (6)?

2. DOES AN EXCEPTION TO BECK V. ALABAMA (1980) AND KEEBLE V. U.S (1973), EXTEND TO A NON CAPITAL OFFENSE AS A MATTER OF THE DUE PROCESS CLAUSE OF THE 5th AND 14th AMENDMENTS, WHERE THE STATE 'S EVIDENCE SUPPORTS A LESSER INCLUDED OFFENSE, WHICH IS A MISDEMEANOR VS. A FELONY?

3. DOES THE RULING IN MURRAY V. CARRIER AND DRETKE V. HALEY EXTEND TO A FAILURE TO INSTRUCT ON MISDEMEANOR STATUTE, WHERE JURY COULD HAVE DETERMINED ACTUAL INNOCENCE OF FELONY STATUTE HAD NOT BEEN FOR TRIAL COUNSEL 'S FAILURE TO REQUEST IT, AND DIRECT APPEALS COUNSEL 'S FAILURE TO RAISE IT?

4. WHETHER DIRECT APPEAL COUNSEL 'S FAILURE TO RAISE METORIOUS CLAIM SHALL AUTOMATICALLY BE CONSIDERED A PROCEDURAL DEFAULT FOR PURPOSES OF FEDERAL REVIEW UNDER COLEMANN V. THOMPSON (1991), WHERE CLAIM HAS NEVER BEEN HEARD ON THE MERITS IN ANY COURT AND JURY COULD HAVE DETERMINED ACTUAL INNOCENCE OF SUBSTANTIVE STATUTE?

Question Presented (AI Summary)

Whether a misdemeanor vs. felony distinction is an extraordinary circumstance under Rule 60(b)(6)

Docket Entries

2022-01-10
Rehearing DENIED. Justice Gorsuch took no part in the consideration or decision of this petition.
2021-12-15
DISTRIBUTED for Conference of 1/7/2022.
2021-10-20
Petition for Rehearing filed.
2021-10-04
Petition DENIED. Justice Gorsuch took no part in the consideration or decision of this petition.
2021-06-24
DISTRIBUTED for Conference of 9/27/2021.
2021-03-25
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 14, 2021)

Attorneys

Major Hudson, III
Major Hudson III — Petitioner