No. 24-5721

Ryan Lawrence Anthony v. Josh Highberger, Superintendent, Oregon State Correctional Institution

Lower Court: Ninth Circuit
Docketed: 2024-10-08
Status: Denied
Type: IFP
Response WaivedIFP
Tags: constitutional-rights criminal-procedure due-process exculpatory-evidence habeas-corpus serial-killer-confession
Key Terms:
DueProcess HabeasCorpus Privacy
Latest Conference: 2024-11-01
Question Presented (AI Summary)

Did the state court contravene Chambers and Holmes by excluding serial killer Smith's confession and condemning an innocent man to the fate of dying in prison?

Question Presented (OCR Extract)

QUESTION PRESENTED Strengthening Chambers v. Mississippi, this Court in Holmes v. South Carolina, 547 U.S. 319 (2006), held that even where the government’s forensic evidence is strong, defendants have a due process right to present exculpatory evidence that someone else committed a murder. Despite Chambers and Holmes, the state court excluded evidence of serialkiller Smith’s confession. Did the state court contravene Chambers and Holmes by excluding serial killer Smith’s confession and condemning an innocent man to the fate of dying in prison?

Docket Entries

2024-11-04
Petition DENIED.
2024-10-17
DISTRIBUTED for Conference of 11/1/2024.
2024-10-10
Waiver of Josh Highberger, Superintendent of right to respond submitted.
2024-10-10
Waiver of right of respondent Josh Highberger, Superintendent to respond filed.
2024-10-04
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 7, 2024)
2024-08-12
Application (24A163) granted by Justice Kagan extending the time to file until October 6, 2024.
2024-08-07
Application (24A163) to extend the time to file a petition for a writ of certiorari from August 7, 2024 to October 6, 2024, submitted to Justice Kagan.

Attorneys

Josh Highberger, Superintendent
Benjamin Noah GutmanOregon Department of Justice, Respondent
Ryan Lawrence Anthony
Kurt David HermansenFederal Public Defender District of Oregon, Petitioner