No. 21-5395

In Re Christopher Burgess

Lower Court: N/A
Docketed: 2021-08-18
Status: Denied
Type: IFP
IFP
Tags: 28-usc-2255 actual-innocence criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel mail-room-delay time-bar
Key Terms:
HabeasCorpus
Latest Conference: 2021-09-27
Question Presented (AI Summary)

Should a 28 U.S.C. § 2255 be entertained under less stringent conditions if it contains both 'actual-innocence' and 'ineffective-assistance-of-counsel' claims?

Question Presented (OCR Extract)

QUESTION(S) PRESENTED : , 1. In the interest of justice, should a 28 U.S.C. § 2255 be ws entertained under less stringent conditions if it contains both "actial | | innocence" and ineffective assistance of council" claims? : 2. Why does the severity of a crime make it. imposible to prove ones , innocence?. | 3. Why is Meta Data not considered substantial evidence when innocence : can be established based on the Meta Data due to the pattern it portrays? , 4. Is a 28 U.S.C. § 2255 time barred when it was deposited in ; | prison mail box within the one year time limit, but reseaved after the time limit due to the Mail Room's delay in requesting additional | postage? . | | . | pas : 4

Docket Entries

2021-10-04
Petition DENIED.
2021-08-19
DISTRIBUTED for Conference of 9/27/2021.
2021-06-23
Petition for writ of habeas corpus and motion for leave to proceed in forma pauperis filed.

Attorneys

In Re Christopher Burgess
Christopher Burgess — Petitioner