No. 23-7062

Clark D. Thomas v. McKendley Newton, Warden, et al.

Lower Court: Fourth Circuit
Docketed: 2024-03-22
Status: Denied
Type: IFP
Response WaivedIFP
Tags: actual-innocence certificate-of-appealability discovery-and-counsel-denial double-jeopardy due-process equitable-tolling fourteenth-amendment habeas-corpus ineffective-assistance-of-counsel sixth-amendment
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2024-05-09
Question Presented (AI Summary)

Whether the Fourth Circuit erred in denying a certificate of appealability

Question Presented (OCR Extract)

Questions Presented I. Whether the Fourth Circuit erred in denying a certificate of appealability IL. on Petitioner’s claims that: ; A) The district court violated Petitioner’s Due Process rights under the Fourteenth Amendment to Equitable Tolling of the habeas limitations period is where Petitioner diligently “ pursued confidential medical records protected by HIPAA for 8% years through every available channel; B) Petitioner has shown actual innocence based on new evidence of the prosecuting / : witness’s perjury, withheld records rebutting her claims, and the prosecution’s fabrication of evidence in violation of Petitioner’s Due Process rights under the Fourteenth Amendment . warranting review of otherwise defaulted claims; ; ; C) Trial counsel violated Petitioner’s Sixth Amendment rights to the effective assistance of counsel in failing to object to the prosecution vouching for the prosecuting witness’s credibility through false evidence manufactured after the fact; and, D) Requiring Petitioner to register as a sex offender despite acquittal on those charges violates the Fifth Amendment’s Double Jeopardy Clause. ; IJ. Whether the lower courts violated Petitioner’s Fourteenth Amendment rights to Due Process ; in denying Petitioner’s requests for discovery, record expansion, and appointment of conflictfree counsel to develop claims. : ; Page 8 of 56

Docket Entries

2024-05-13
Petition DENIED.
2024-04-18
DISTRIBUTED for Conference of 5/9/2024.
2024-04-15
Waiver of right of respondent McKendley Newton, et al. to respond filed.
2023-10-30
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 22, 2024)
2023-09-15
Application (23A247) granted by The Chief Justice extending the time to file until October 30, 2023.
2023-09-13
Application (23A247) to extend the time to file a petition for a writ of certiorari from September 14, 2023 to October 30, 2023, submitted to The Chief Justice.

Attorneys

Clark Thomas
Clark D. Thomas — Petitioner
Clark D. Thomas — Petitioner
McKendley Newton, et al.
William Joseph MayeSouth Carolina Attorney General's Office, Respondent
William Joseph MayeSouth Carolina Attorney General's Office, Respondent