No. 23-5990

Kirk A. Simmons v. Thomas Scarantino

Lower Court: Fourth Circuit
Docketed: 2023-11-09
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: 2241 aedpa aedpa-limitations criminal-procedure entrapment-defense federal-criminal-procedure government-fraud government-misconduct habeas-corpus innocence judicial-review
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2024-01-19 (distributed 2 times)
Question Presented (AI Summary)

Does fraud by the federal government obstruct a defendant's entrapment defense?

Question Presented (OCR Extract)

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

Docket Entries

2024-01-22
Petition DENIED.
2024-01-04
DISTRIBUTED for Conference of 1/19/2024.
2023-12-27
Petitioner complied with order of December 11, 2023.
2023-12-11
The motion of petitioner for leave to proceed in forma pauperis is denied. Petitioner is allowed until January 2, 2024, within which to pay the docketing fee required by Rule 38(a) and to submit a petition in compliance with Rule 33.1 of the Rules of this Court.
2023-11-22
DISTRIBUTED for Conference of 12/8/2023.
2023-11-15
Waiver of right of respondent Thomas Scarantino to respond filed.
2023-09-29
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 11, 2023)

Attorneys

Kirk A. Simmons
Kirk A. Simmons — Petitioner
Thomas Scarantino
Elizabeth B. PrelogarSolicitor General, Respondent