No. 21-7524

Matthew Staszak v. John P. Yates, Warden

Lower Court: Eighth Circuit
Docketed: 2022-04-01
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 28-usc-2241 8th-circuit actual-innocence circuit-split due-process habeas-corpus local-rule-47a(a) section-2241 summary-disposition
Key Terms:
HabeasCorpus
Latest Conference: 2022-04-29
Question Presented (AI Summary)

Should petitioner's due-process right to meaningful-review of 28-usc-2241 actual-innocence claims be foreclosed by 8th-circuit's local-rule-47a(a) summary-disposition

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW , I. SHOULD THIS COURT GRANT THE WRIT WHERE PETITIONER'S DUE PROCESS RIGHT WAS FORECLOSED ON WHEN ON APPEAL FROM THE LOWER COURT'S DENIAL OF HIS RIGHT TO A MEANINGFUL REVIEW OF THE MERITS OF HIS 28 U.S.C. SECTION 2241 ACTUAL INNOCENCE CLAIMS, WHERE THE EIGHTH CIRCUIT INVOKED ITS LOCAL RULE 47A(a), SUMMARY DISPOSITION, WITHOUT BRIEFING? Il. SHOULD THIS COURT GRANT THE WRIT WHERE THE EIGHTH CIRCUIT DENIED PETITIONER'S 28 U.S.C. SECTION 2243 RIGHT TO A HEARING UNDER LOCAL RULE 47A(a), AND WHERE IT IS THE ONLY CIRCUIT WITH SUCH A RULE? Ul. SHOULD THE COURT GRANT THE WRIT TO RESOLVE THE CIRCUIT SPLIT ON THE ISSUE OF ACTUAL INNOCENCE IN A 2241 HABEAS PETITION BETWEEN THE EIGHTH, TENTH, AND ELEVENTH CIRCUITS ON ONE HAND AND THE OTHER REMAINING CIRCUITS?. i INTERESTED PARTIES The parties appear in the caption case citing on the cover page of this petition. Respondent John P. Yates, Warden is an interested party.

Docket Entries

2022-05-02
Petition DENIED.
2022-04-14
DISTRIBUTED for Conference of 4/29/2022.
2022-04-06
Waiver of right of respondent John P. Yates, Warden to respond filed.
2022-03-22
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 2, 2022)

Attorneys

John P. Yates, Warden
Elizabeth B. PrelogarSolicitor General, Respondent
Matthew Staszak
Matthew Staszak — Petitioner