Josh Pompey v. Administrator, New Jersey State Prison, et al.
DueProcess HabeasCorpus Privacy
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
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?