No. 22-6713

Leonard Taylor v. David Vandergriff, Superintendent, Potosi Correctional Center

Lower Court: Missouri
Docketed: 2023-02-06
Status: Denied
Type: IFP
IFP
Tags: actual-innocence death-penalty due-process eighth-amendment fourteenth-amendment habeas-corpus scientific-evidence
Key Terms:
DueProcess HabeasCorpus Punishment JusticiabilityDoctri
Latest Conference: N/A
Question Presented (AI Summary)

Whether a freestanding claim of actual innocence presents a cognizable constitutional claim under the Eighth and Fourteenth Amendments

Question Presented (OCR Extract)

QUESTIONS PRESENTED In light of the foregoing facts, this petition presents the following questions: 1. Whether a freestanding claim of actual innocence presents a cognizable constitutional claim under the Eighth and Fourteenth Amendments. 2. Whether the Eighth and Fourteenth Amendments prohibit an execution from being carried out where new scientific evidence and other reliable evidence establishes that the condemned man is probably innocent. 3. Whether the Missouri Supreme Court violated petitioner’s Fourteenth Amendment rights in failing to grant him an evidentiary hearing on his claim of innocence and in failing to reexamine the proportionality of his death sentence based upon this newly discovered evidence as required by state law. ii No. CAPITAL CASE EXECUTION SCHEDULED FOR FEBRUARY 7, 2023, AT 6:00 P.M. IN THE SUPREME COURT OF THE UNITED STATES LEONARD TAYLOR, Petitioner, vs. DAVID VANDERGRIFF, Superintendent, Potosi Correctional Center Respondent. On Petition For A Writ Of Certiorari To The Supreme Court of Missouri PETITION FOR A WRIT OF CERTIORARI Petitioner, Leonard Taylor, respectfully requests that a writ of certiorari issue to review the judgment and decision of the Supreme Court of Missouri that denied his original petition for a writ of habeas corpus challenging his Missouri convictions and sentence of death. iii

Docket Entries

2023-02-07
Reply of petitioner Leonard Taylor filed.
2023-02-07
Application (22A709) referred to the Court.
2023-02-07
Petition DENIED.
2023-02-07
Application (22A709) for stay of execution of sentence of death presented to Justice Kavanaugh and by him referred to the Court is denied.
2023-02-06
Application (22A709) for a stay, submitted to Justice Kavanaugh.
2023-02-06
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed.
2023-02-06
Brief of respondent David Vandergriff, Superintendent in opposition filed.

Attorneys

David Vandergriff, Superintendent
Michael Joseph Spillane — Respondent
Michael Joseph Spillane — Respondent
Leonard Taylor
Kent E. GipsonLaw Office of Kent Gipson, LLC, Petitioner
Kent E. GipsonLaw Office of Kent Gipson, LLC, Petitioner