No. 22-6474

Cody Jay Riley v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Lower Court: Fifth Circuit
Docketed: 2023-01-06
Status: Denied
Type: IFP
IFP
Tags: actual-innocence aedpa americans-with-disabilities-act civil-rights due-process hiv incarceration penological-interests scientific-evidence
Key Terms:
DueProcess HabeasCorpus JusticiabilityDoctri
Latest Conference: 2023-03-03
Question Presented (AI Summary)

Does a state violate the Americans with Disabilities Act when incarcerating a person living with HIV outside of any penological interests?

Question Presented (OCR Extract)

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))?

Docket Entries

2023-03-06
Petition DENIED.
2023-02-16
DISTRIBUTED for Conference of 3/3/2023.
2022-12-09
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 6, 2023)

Attorneys

Cody Jay Riley
Cody Jay Riley — Petitioner
Cody Jay Riley — Petitioner