Kirk A. Simmons v. Thomas Scarantino
DueProcess HabeasCorpus
Does fraud by the federal government obstruct a defendant's entrapment defense?
QUESTION(S) PRESENTED 1. Does fraud, perpetrated by the federal government during a federal criminal proceeding so as to obstruct a defendant from mounting an entrapment defense and proceeding to trial, form the basis for a habeas proceeding under 28 U.S.C. Section 2241 asserting innocence? 2. Does strict adherence to AEDPA (Antiterrorism and Effective Death Penalty Act), which severely increased the burden for filing habeas corpus actions, effectively result in the suspension of the writ of habeas corpus in cases involving fraud by the government during criminal proceedings? Would 28 U.S.C. Section 2241 provide an avenue for judicial review in these circumstances when defendant can assert his innocence after uncovering the previously concealed evidence? i