No. 23-5146
Santos Rosales Martinez v. Iowa
Response WaivedIFP
Tags: abuse-of-discretion actual-innocence constitutional-rule habeas-corpus iowa-constitution iowa-courts judicial-discretion new-rule-of-law schlup-test schlup-v-delo schmidt-v-state
Key Terms:
DueProcess
DueProcess
Latest Conference:
2023-09-26
Question Presented (AI Summary)
Whether the Iowa Courts have failed to properly adjudicate the Petitioner's actual-innocence claims
Question Presented (OCR Extract)
QUESTION(S) PRESENTED 1. Whether the lowa Courts have failed to properly adjudicate the Petitioner’s actual innocence claims as currently explained in Schlup v. Delo 513 U.S. 298, 115 S.Ct. 851 (1995) and of which said innocence was recently made new lowa Constitutional Rule of Law in Schmidt Vv. State 909 N.W.2d 778 (lowa 2018) citing the Schlup test? 2. Has the lowa Courts abused their discretion in not applying lowa’s new rule of actual innocence to the Petitioner’s case after it was brought to the courts under the new Schmidt ruling? : : ; !
Docket Entries
2023-10-02
Petition DENIED.
2023-08-03
DISTRIBUTED for Conference of 9/26/2023.
2023-07-28
Waiver of right of respondent Iowa to respond filed.
2023-05-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 21, 2023)
Attorneys
Iowa
Darrel Mullins — Iowas Dept. of Justice, Respondent
Santos Martinez
Santos Rosales Martinez — Petitioner