No. 24-6896

In Re Nicholas Lee Blair

Lower Court: N/A
Docketed: 2025-03-31
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 28-usc-2255 actual-innocence certificate-of-appealability circuit-precedent habeas-corpus rule-60b
Key Terms:
HabeasCorpus
Latest Conference: 2025-05-02
Question Presented (AI Summary)

Whether a Rule 60(b) motion can rectify a dismissed 28 U.S.C. § 2255 application when new circuit precedent validates the petitioner's actual innocence claim and meets the 'reasonable jurist' standard

Question Presented (OCR Extract)

1. What is the proper statutory definition of the terms "lascivious exhibition", "engaging in", and "sexually explicit", as written in 18 U.S.C. § 2256? 2.. Can new precedent made by another Circuit Court which validates claims made in a 28 U.S.C. § 2255 application, where the certificate of appealability denied, provide the means for a Rule 60(b) motion under Federal Rules of Civil Procedure, to rectify the dismissal.of actual innocence claims and the denial of a certificate appealability once the new precedent shows the "reasonable jurist" standard has been met as has the colorable actual innocence claim?was 3. Can a meritorious actual innocence claim be "time-barred" and certificate of appealability denied when precedent in sister circuits have conceded the argument in favor of petitioner in cases with similar circumstances and in consideration of the denying Circuit to this petitioner has no "bright-line" or "per se" rule concerning the claim?

Docket Entries

2025-05-05
Petition DENIED.
2025-04-17
DISTRIBUTED for Conference of 5/2/2025.
2025-04-03
Waiver of United States of right to respond submitted.
2025-04-03
Waiver of right of respondent United States to respond filed.
2025-02-18
Petition for a writ of mandamus and motion for leave to proceed in forma pauperis filed. (Response due April 30, 2025)

Attorneys

Nicholas Blair
Nicholas Lee Blair — Petitioner
Nicholas Lee Blair — Petitioner
United States
D. John SauerSolicitor General, Respondent
D. John SauerSolicitor General, Respondent
Sarah M. HarrisActing Solicitor General, Respondent