No. 23-5836

Siddhanth Sharma v. Eddie M. Buffaloe, Jr., Secretary, North Carolina Department of Public Safety, et al.

Lower Court: Fourth Circuit
Docketed: 2023-10-18
Status: Denied
Type: IFP
Response WaivedIFP
Tags: certificate-of-appealability constitutional-claim constitutional-rights factual-innocence legal-innocence mcquiggin-v-perkins procedural-bar procedural-default sandstrom-claim slack-v-mcdaniel
Key Terms:
DueProcess FourthAmendment HabeasCorpus JusticiabilityDoctri
Latest Conference: 2023-11-09
Question Presented (AI Summary)

Does the claim of Factual Innocence qualify as a debatable claim for the denial of a Constitutional Right

Question Presented (from Petition)

QUESTIONS PRESENTED 1.) To be issued a COA : Does the claim of Factual Innocence qualify as a debatable claim for the denial of a Constitutional Right as enunciated in Slack v. McDaniel, 529 U.S. 478, 484-485 (2000)? 2.) To be issued a COA : Does the claim of Factual Innocence qualify as a debatable claim regarding whether the lower courts properly applied a Procedural Bar, as enunciated in Slack v. McDaniel, 529 U.S. 473, 484-485 (2000); McQuiggin v. Perkins, 569 U.S. 383, 386 (2018)? . A.) Notwithstanding Factual Innocence : Was Petitioner required to object urs aye when state statute preserved his claims? B.) Notwithstanding Factual Innocence : For the purposes of the District Court relying on the NCCOA opinion to apply a procedural default, Did the NCCOA definitively rule on Petitioner's Sandstrom claim? C.)Notwithstanding Factual Innocence : For the purposes of the District Court relying on the NCCOA opinion to apply a procedural default, Was the last court Petitioner appealed to the NC Court of Appeals (NCCOA) or the NC Supreme Court? . iti . D.)Notwithstanding Factual Innocence : Does the District Court’s analysis _ that Plaintiff was legally innocent rather than Factually Innocent qualify as a debatable claim for issuance of a COA, when this basis was used as : the justification for a procedural bar? E.) Notwithstanding Factual Innocence : For the purposes of the District Court relying on a procedural bar Was Petitioner required to prove to the 7 District Court that he was not a felon, when Respondents had failed to produce evidence of that element during trial? iv .

Docket Entries

2023-11-13
Petition DENIED.
2023-10-25
DISTRIBUTED for Conference of 11/9/2023.
2023-10-23
Waiver of right of respondent Eddie Buffaloe to respond filed.
2023-10-16
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 17, 2023)

Attorneys

Eddie Buffaloe
Robert C. EnnisNorth Carolina Department of Justice, Respondent
Robert C. EnnisNorth Carolina Department of Justice, Respondent
Siddhanth Sharma
Siddhanth Sharma — Petitioner
Siddhanth Sharma — Petitioner