No. 21-6733

Freddie Cleveland v. Chad Wakefield, Superintendent, State Correctional Institution at Smithfield, et al.

Lower Court: Third Circuit
Docketed: 2021-12-27
Status: Denied
Type: IFP
IFP
Tags: actual-innocence certificate-of-appealability civil-procedure discretionary-review due-process federal-rules-of-civil-procedure gonzalez-v-crosby mens-rea rule-60b6 third-circuit
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2022-02-25
Question Presented (AI Summary)

Did the District Court and the Court of Appeals for the Third Circuit abuse its discretion when not granting Petitioner's certificate of appealability

Question Presented (from Petition)

QUESTION(S) PRESENTED 1. Did the District Court and the Court of Appeals for the Third Circuit abuse its discretion when not granting Petitioner's certificate of appealability when it was debatable that relief pursuant to Federal Rules of Civil Procedure, Rule 60(b)(6); and this Court's precedent in Gonzalez v. Crosby, 545 U.S. 528 (2005)? 2. Should the High Court, as.a matter of public importance, . determine whether a defendant could make an "actual innocence," exception to the degree of guilt when the state does not prove the mens rea, and other criminal elements supporting a first-degree murder conviction as required by Due Process of law, and the Pennsylvania's crimes code? 3

Docket Entries

2022-02-28
Petition DENIED.
2022-02-10
DISTRIBUTED for Conference of 2/25/2022.
2021-12-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 26, 2022)

Attorneys

Freddie Cleveland
Freddie Cleveland — Petitioner
Freddie Cleveland — Petitioner