No. 23-7199

In Re Joseph R. Dickey

Lower Court: N/A
Docketed: 2024-04-11
Status: Denied
Type: IFP
IFP
Tags: 28-usc-2241 28-usc-2254 28-usc-2255 actual-innocence federal-prisoners habeas-corpus plea-agreement plea-bargaining prosecutorial-discretion statutory-interpretation
Key Terms:
HabeasCorpus JusticiabilityDoctri
Latest Conference: 2024-05-09
Question Presented (AI Summary)

Does 28 U.S.C. 2241(b)(1) apply to federal prisoners filing habeas corpus petitions under 28 U.S.C. 2255?

Question Presented (OCR Extract)

QUESTION(S) PRESENTED Does 28 U.S.C. 2241(b)(1)'s requirement that "a claim presented in a second or successive habeas corpus! application under 2254 (28 U.S.C. 2254] that was presented in a prior application shall be dismissed” apply — to federal prisoners who file habeas corpus petitions under 28 U.S.C. 2255? ’ Does it violated the United States Constitution for someone who is serving a life sentence to have no vehicle to present new evidence of actual innocence? ls a guilty plea based upon a plea agreement knowingly and intelligently made if the terms of the plea agreement offer no benefit and mandates the maximum available sentence yet this fact is not revealed by the judge nor is the fact clear and obvious? Is it prosecutorial’ misconduct when the prosecution charges a defendant for crimes which the victims say did not happen based upon the statements of a co-conspirator who was given immunity for his statements? ¢ > .* ae

Docket Entries

2024-05-13
Petition DENIED.
2024-04-18
DISTRIBUTED for Conference of 5/9/2024.
2024-03-22
Petition for writ of habeas corpus and motion for leave to proceed in forma pauperis filed.

Attorneys

Dickey, In Re Joseph R.
Joseph R. Dickey — Petitioner