Robert L. Kelly v. Garrett Laney, Superintendent, Oregon State Correctional Institution
HabeasCorpus
Whether the Court should issue a grant of certiorari, vacatur, and remand
Questions Presented (1) Whether the Court should issue a grant of certiorari, vacatur, and remand to the Court of Appeals for issuance of a certificate of appealability when (1) there was reasonably a dispute between the parties as to whether state procedural requirements were met on federal claims, (2) no state court issued any reasoned opinion addressing either the alleged procedural , deficiencies or the merits, and (3) the courts below held that the claims were | procedurally time barred? (2) Whether the Court should issue a grant of certiorari, vacatur, and remand to the Court of Appeals for issuance of a certificate of appealability when Mr. Kelly made a substantial showing that state actors engaged in outrageous conduct to deny Mr. Kelly access to the courts? (8) Whether equitable tolling should apply to a successive, late petition for habeas corpus when Mr. Kelly had clearly shown that he has been diligently pursuing his claims and extraordinary circumstance stood in his way to access of the courts. |