No. 23-5970

Jerry S. Wilson v. Michael G. Gierach, Warden

Lower Court: Seventh Circuit
Docketed: 2023-11-07
Status: Denied
Type: IFP
Response RequestedResponse WaivedRelisted (2)IFP
Tags: actual-innocence eyewitness-testimony federal-review habeas habeas-corpus house-v-bell procedural-default reasonable-doubt schlup-v-delo summary-reversal
Key Terms:
HabeasCorpus
Latest Conference: 2024-03-01 (distributed 2 times)
Question Presented (AI Summary)

Does the Seventh Circuit's holding conflict with Schlup, 513 U.S. 298, and House v. Bell, 547 U.S. 518 (2006), because it turned on whether the evidence was sufficient to sustain the conviction, instead of a probabilistic assessment of whether Wilson's credible new evidence would have created reasonable doubt in a reasonable juror? And does this error warrant summary reversal?

Question Presented (OCR Extract)

QUESTION PRESENTED Procedural default bars a state inmate from obtaining federal habeas based on an issue not presented to the state courts. Schlup v. Delo recognized a narrow exception for inmates who can demonstrate “actual innocence,” which opens a “gateway” to excuse procedural default. 513 U.S. 298, 315 (1995). Petitioner Jerry S. Wilson was convicted in state court for a shooting based solely on eyewitness testimony. To support raising a procedurally defaulted issue on federal review, Wilson presented testimony from a new eyewitness demonstrating that the State’s star witness against him was in fact the real shooter. The State conceded that if the new testimony were credible, it could cast reasonable doubt on Wilson’s guilt. The state court found the new testimony credible. In a split decision, the Seventh Circuit concluded that the new, credible testimony—which all agreed would likely have changed the outcome—failed to excuse Wilson’s procedural default. In direct conflict with this Court’s decisions, the Seventh Circuit held Wilson’s claim to a heightened standard from the inapposite context of a challenge. See Jackson v. Virginia, 443 U.S. 307 (1979). The Question Presented is: Does the Seventh Circuit’s holding conflict with Schlup, 513 U.S. 298, and House v. Bell, 547 U.S. 518 (2006), because it turned on whether the evidence was sufficient to sustain the conviction, instead of a probabilistic assessment of whether Wilson’s credible new evidence would have created reasonable doubt in a reasonable juror? And does this error warrant summary reversal? See Christeson v. Roper, 574 U.S. 373, 374 (2015) (per curiam). i

Docket Entries

2024-03-04
Petition DENIED.
2024-02-15
DISTRIBUTED for Conference of 3/1/2024.
2024-02-14
2024-02-01
2023-12-22
Motion to extend the time to file a response is granted and the time is extended to and including February 2, 2024.
2023-12-21
Motion to extend the time to file a response from January 3, 2024 to February 2, 2024, submitted to The Clerk.
2023-12-04
Response Requested. (Due January 3, 2024)
2023-11-30
DISTRIBUTED for Conference of 1/5/2024.
2023-11-09
Waiver of right of respondent Dan Cromwell, Warden to respond filed.
2023-11-03
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 7, 2023)
2023-08-16
Application (23A132) granted by Justice Barrett extending the time to file until November 3, 2023.
2023-08-11
Application (23A132) to extend the time to file a petition for a writ of certiorari from September 4, 2023 to November 3, 2023, submitted to Justice Barrett.

Attorneys

Jerry Wilson
Andrew LeGrandGibson, Dunn & Crutcher LLP, Petitioner
Andrew LeGrandGibson, Dunn & Crutcher LLP, Petitioner
Michael G. Gierach, Warden
Jacob Julian WittwerWisconsin Department of Justice, Respondent
Jacob Julian WittwerWisconsin Department of Justice, Respondent
Michael Charles SandersState of Wisconsin Department of Justice, Respondent
Michael Charles SandersState of Wisconsin Department of Justice, Respondent