No. 23-7141

Keith Martin Molineaux v. Donnie Ames, Superintendent, Mount Olive Correctional Complex

Lower Court: Fourth Circuit
Docketed: 2024-04-04
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 28-usc-2253 brady-material certificate-of-appealability confession-fabrication false-confession habeas-corpus miller-el-standard miller-el-v-cockrell
Key Terms:
HabeasCorpus
Latest Conference: 2024-04-26
Question Presented (AI Summary)

Should the petitioner's novel claim that his confession was fabricated be encouraged to proceed further, necessitating a Certificate of Appealability?

Question Presented (OCR Extract)

QUESTION(S) PRESENTED I. Under Miller-El v. Cockrell 537 U.S. 322 (2003), should the Petitioner’s novel claim that his confession was fabricated be encouraged to proceed further, thus necessitating a Certificate of Appealability under 28 U.S.C. § 2253? Il. Under Miller-El v. Cockrell 537 U.S. 322 (2003), should the Petitioner’s claim that the State withheld Brady v. Maryland 373 U.S. 83 (1963) material be encouraged to proceed further, thus necessitating a Certificate of Appealability under 28 U.S.C. § 2253?

Docket Entries

2024-04-29
Petition DENIED.
2024-04-11
DISTRIBUTED for Conference of 4/26/2024.
2024-04-08
Waiver of right of respondent Donnie Ames, Superintendent, Mount Olive Correctional Complex to respond filed.
2024-04-01
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 6, 2024)

Attorneys

Donnie Ames, Superintendent, Mount Olive Correctional Complex
Michael Ray WilliamsOffice of the West Virginia Attorney General, Respondent
Michael Ray WilliamsOffice of the West Virginia Attorney General, Respondent
Keith M. Molineaux
Keith Molineaux — Petitioner
Keith Molineaux — Petitioner