Matthew Staszak v. John P. Yates, Warden
HabeasCorpus
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
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.