No. 25-5172

William Trampas Widmyer v. Jonathan Frame, Superintendent, Mount Olive Correctional Complex

Lower Court: Fourth Circuit
Docketed: 2025-07-22
Status: Denied
Type: IFP
Response WaivedIFP
Tags: constitutional-rights federal-court habeas-corpus procedural-default rule-60b state-court
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2025-09-29
Question Presented (AI Summary)

Whether a Rule 60(B) motion challenging procedural default in a habeas corpus proceeding violates constitutional rights when state and federal court errors obstruct claim presentation

Question Presented (from Petition)

1. Were the Petitioner ’s Constitutional Amendment Rights violated when petitioner ’s Rule 60(B) motion was denied yet, the Northern District court of Appealsstated: “However, contrary to the district courts determination, “Widmyer [also] could properly challenge the District court ’s finding of procedural default in a Rule 60(B) motion. Explaining that a movant Rule 60(B) does not raise “a new habeas corpus claim, or attack Q the federal courts previous denial of the claim on the merits, when he ‘merely asserts that a previous Ruling which precluded a merits determination, ” such as” a denial for...procedural default, “was erroneous. Accordingly, the district court erred by declining to consider that argument under Rule 60(B). 2. Is there a Autonomy Right to assert claims in a Habeas proceeding, where under the state habeas statues, 1 “both ” the “habeas petitioner, ” and habeas counsel have to raise all claims. If this is obstructed does this obstruction rebut the presumption of correctness under § 2254 (e) (1)? 1 In Losh, it holds that both the Habeas petitioner, and habeas counsel must raise all claims, petitioner asserts, this rebuts the presumption of correctness cumulatively when obstructed by errors in both state court and errors by the Federal Court.

Docket Entries

2025-10-06
Petition DENIED.
2025-08-07
DISTRIBUTED for Conference of 9/29/2025.
2025-07-31
Waiver of Jonathan Frame, Superintendent, Mount Olive Correctional Complex of right to respond submitted.
2025-07-31
Waiver of right of respondent Jonathan Frame, Superintendent, Mount Olive Correctional Complex to respond filed.
2025-05-22
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 21, 2025)

Attorneys

Jonathan Frame, Superintendent, Mount Olive Correctional Complex
Michael Ray WilliamsOffice of the West Virginia Attorney General, Respondent
Michael Ray WilliamsOffice of the West Virginia Attorney General, Respondent
William Widmyer
William Widmyer — Petitioner
William Widmyer — Petitioner