Cody Jay Riley v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division
DueProcess HabeasCorpus JusticiabilityDoctri
Does a state violate the Americans with Disabilities Act when incarcerating a person living with HIV outside of any penological interests?
QUESTIONS PRESENTED 1. Does a state violate the Americans with Disabilities Act when incarcerating a person living with HIV outside of any penological interests? 2. When new science emerges and nullifies a critical element of an offense, violating the Constitutional Due Rights of a person, does the miscarriage of justice warrant an exception to the one-year filing limitations under the AEDPA? 3. When new science proves actual innocence of the charge “ convicted, even if it does not neccessarily include lesser included offenses, does the Due Process violation from the illegal sentence warrant an exception to the one-year filing limitations under the AEDPA? 4. When does scientific hypothesis become scientific fact for the purposes of establishing factual predicate under the AEDPA (28 USC §2244(d)(1))?