No. 22-5596

Roberta Ronique Bell v. Warden, FCI Dublin

Lower Court: Ninth Circuit
Docketed: 2022-09-16
Status: Denied
Type: IFP
Response WaivedIFP
Tags: §-2241-relief actual-innocence co-conspirator due-process evidentiary-hearing habeas-corpus procedural-due-process separate-proceedings
Key Terms:
HabeasCorpus
Latest Conference: 2022-10-07
Question Presented (AI Summary)

WHETHER THE DENIAL OF AN EVIDENTIARY HEARING IN SUPPORT OF § 2241 RELIEF CAN BE BASED EXCLUSIVELY ON THE RECORD DEVELOPED BY AN ALLEGED CO-CONSPIRATOR FROM SEPARATE PROCEEDINGS TO WHICH APPELLANT WAS NOT A PARTY, THEREBY DENYING HER A SIMILAR FULL AND FAIR OPPORTUNITY TO ESTABLISH HER ACTUAL INNOCENCE?

Question Presented (OCR Extract)

QUESTION PRESENTED WHETHER THE DENIAL OF AN EVIDENTIARY HEARING IN SUPPORT OF § 2241 RELIEF CAN BE BASED EXCLUSIVELY ON THE RECORD DEVELOPED BY AN ALLEGED CO-CONSPIRATOR FROM SEPARATE PROCEEDINGS TO WHICH APPELLANT WAS NOT A PARTY, THEREBY DENYING HER A SIMILAR FULL AND FAIR OPPORTUNITY TO ESTABLISH HER ACTUAL INNOCENCE? ul

Docket Entries

2022-10-11
Petition DENIED.
2022-09-22
DISTRIBUTED for Conference of 10/7/2022.
2022-09-20
Waiver of right of respondent Warden, FCI Dublin to respond filed.
2022-09-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 17, 2022)

Attorneys

Roberta Bell
Edward J. Rymsza IIIMiele & Rymsza, P.C., Petitioner
Edward J. Rymsza IIIMiele & Rymsza, P.C., Petitioner
Warden, FCI Dublin
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent