No. 25-6205

Sonny L. Thomas v. Bernadette Mason, Superintendent, State Correctional Institution at Mahanoy, et al.

Lower Court: Third Circuit
Docketed: 2025-11-24
Status: Denied
Type: IFP
IFP
Tags: None
Latest Conference: 2026-01-23
Question Presented (from Petition)

1) Did the Third Circuit Court of Appeals err when it denied petitions Certificate of Appealability, holding "jurist of reason would not debate the District Courts decision to deny his Fed.R.Civ.P.60(b) motion"., and "Appellants allegations of Actual Innocence were insufficient to overcome AEDPA limitation period."

2) Does this Courts reasoning in Schlup v. Delo . 513 U.S. 298, 130 L.Ed 2d 808, 115 S.CT 851, and its progeny, Reeves v. Fayette SCI , 897 F.3d 154; 2018 U.S. App LEXIS 20364 No. 17-1043 (3rd Cir July 23, 2018) prohibit 'Late proffered testimonial evidence' that was available at trial, but, was wrongly excluded because of the ineffective assistance of trial counsel, as new evidence, for purposes of the Schlup , Reeves actual innocence gateway under limited circumstances.

3) Did the District Court err by applying a higher standard then that of Schlup v. Delo , 513 U.S. 298, and of Reeves v. Fayette SCI, 897 F.3d 154, when the court made it's determined as to whether the evidence presented by Thomas was 'new reliable evidence'.

Question Presented (AI Summary)

Question not identified.

Docket Entries

2026-01-26
Petition DENIED.
2026-01-08
DISTRIBUTED for Conference of 1/23/2026.
2025-05-14
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 24, 2025)

Attorneys

Sonny Thomas
Sonny L. Thomas — Petitioner