No. 24-6152

Josh Pompey v. Administrator, New Jersey State Prison, et al.

Lower Court: Third Circuit
Docketed: 2024-12-16
Status: Denied
Type: IFP
Response WaivedIFP
Tags: dna-testing equitable-tolling false-confession habeas-corpus post-conviction-relief scientific-evidence
Key Terms:
DueProcess HabeasCorpus Privacy
Latest Conference: 2025-02-21
Question Presented (AI Summary)

Whether a petitioner is entitled to equitable tolling on a first federal habeas petition based on new favorable DNA results and whether new DNA evidence proving a false confession requires reversal of convictions or an evidentiary hearing

Question Presented (OCR Extract)

ESTIONS PRESENTED 1. HAVING OBTAINED FAVORABLE NEW DNA RESULTS VIA POSTCONVICTION DNA TESTING, IS PETITIONER ENTITLED TO EQUITABLE TOLLING UNDER HOLLAND V. FLORIDA, 560 U.S. 631 (2010) ON A FIRST FEDERAL HABEAS PETITION? 2. UNDER NAPUE V. ILLINOIS, 360 U.S. 264 (1959), DO NEW DNA TEST RESULTS THAT PROVE PETITIONER’S CONVICTION WAS PREDICATED UPON A FALSE CONFESSION REQUIRE REVERSAL OF THE CONVICTIONS OR AN EVIDENTIARY HEARING? 3. DO SCIENTIFIC AND LEGAL ADVANCEMENTS IN THE FIELDS OF FALSE CONFESSION SCIENCE AND EDTA BLOOD TAMPERING TESTNG REQUIRE A NEW TRIAL WHEN THE JUDGE PRECLUDED PETITIONER'S EXPERT WITNESSES ON THESE SUBJECTS AND PREVENTED THE PRESENTATION OF A COMPLETE DEFENSE?

Docket Entries

2025-02-24
Petition DENIED.
2025-01-16
DISTRIBUTED for Conference of 2/21/2025.
2025-01-10
Waiver of right of respondent Adm'r, NJ, et al., et al. to respond filed.
2024-11-09
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 15, 2025)

Attorneys

Adm'r, NJ, et al., et al.
Ian Christopher KennedyBergen County Prosecutor's Office, Respondent
Josh Pompey
Eric Victor KleinerLaw Office of Eric V. Kleiner, Esq., Petitioner