No. 24-7224

Devon Delehoy v. South Dakota, et al.

Lower Court: Eighth Circuit
Docketed: 2025-05-16
Status: Denied
Type: IFP
Relisted (2)IFP
Tags: actual-innocence constitutional-rights due-process habeas-corpus kidnapping procedural-default
Key Terms:
DueProcess HabeasCorpus Privacy
Latest Conference: 2025-12-05 (distributed 2 times)
Question Presented (AI Summary)

Whether a person can be considered held against their will in various scenarios involving voluntary movement and interactions

Question Presented (OCR Extract)

No question identified. : QUESTIONS Petitioner, Devon Delehoy (prose) submits die following questions of law under 28 U.S.C.A. section 1331. 1. Is a person who gets into a car voluntary, held against their will? 2. Is a person who exits a car and returns without concern, held against their will? 3. Is a person who performs a sexual act held against their will? 4. Is a person who drives home while their accused assualtant sleeps, being held against their will? 5. Is it a common reflection of kidnapping when the person invites her accused assaultant after the concern into her home? 6. Is the petitioner entitled to a jury instruction that describes the “knowing ” element of the underlying offence? 7. Must a court screen a petition of habeas corpus under rule 4 of habeas 2254 cases? Must a court rule on the merits under the 14" ’ amendment 8. 9. Can a habeas court grant a habeas absence of showing cause for the procedural default? 10. Is wrongfully convicted also known as innocence? 11. Is due diligence waived under the actual innocence? 12. Is timelessness excused under procedural default? 13. Is procedural default excused under actual innocence?

Docket Entries

2025-12-08
Rehearing DENIED.
2025-11-18
DISTRIBUTED for Conference of 12/5/2025.
2025-10-29
Petition for Rehearing filed.
2025-10-06
Petition DENIED.
2025-06-26
DISTRIBUTED for Conference of 9/29/2025.
2025-03-21
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 16, 2025)

Attorneys

Devon Delehoy
Devon Delehoy — Petitioner
Devon Delehoy — Petitioner