No. 22-7376

Delila Pacheco v. Aboutanaa El Habti, Warden

Lower Court: Tenth Circuit
Docketed: 2023-04-26
Status: Denied
Type: IFP
IFP
Tags: actual-innocence aedpa circuit-split federal-power federal-review habeas habeas-corpus procedural-bar procedural-bars subject-matter-jurisdiction
Key Terms:
ERISA HabeasCorpus JusticiabilityDoctri
Latest Conference: 2023-06-22
Question Presented (AI Summary)

Whether the actual-innocence gateway applies only where a petitioner can prove that she is 'morall[ly]' or 'completely' innocent of any crime, or whether it is sufficient for her to prove her innocence of the offense holding her in custody

Question Presented (from Petition)

Question Presented The gateway excuses a habeas petitioner from complying with certain procedural hurdles like AEDPA’s statute of limitations if, for example, she can prove that she is actually innocent. The question presented in this case is whether the gateway applies only where a petitioner can prove that she is “morall[ly]” or “completely” innocent of any crime, as the court below and Eleventh Circuit have held; or whether it is sufficient for her to prove her innocence of the offense holding her in custody, as the Second, Third, Fourth, Sixth, and Eighth Circuits have held—in this case, because the convicting court lacked subject-matter jurisdiction, a fundamental defect historically remediable in habeas without the application of procedural bars to relief. i

Docket Entries

2023-06-26
Petition DENIED.
2023-06-07
DISTRIBUTED for Conference of 6/22/2023.
2023-04-21
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 26, 2023)

Attorneys

Aboutanaa El Habti
Caroline Elizabeth Jane HuntOklahoma Attorney General's Office, Respondent
Caroline Elizabeth Jane HuntOklahoma Attorney General's Office, Respondent
Delila Pacheco
Shira KievalOffice of the Federal Public Defender, Petitioner
Shira KievalOffice of the Federal Public Defender, Petitioner