No. 25-664

Chadwick Dotson, Director, Virginia Department of Corrections v. Justin Michael Wolfe

Lower Court: Fourth Circuit
Docketed: 2025-12-08
Status: Pending
Type: Paid
Tags: actual-innocence factfinder-standard habeas-corpus newly-discovered-evidence schlup-standard trial-evidence
Key Terms:
HabeasCorpus JusticiabilityDoctri
Latest Conference: N/A
Question Presented (from Petition)

Whether the "new" evidence required to make an actual-innocence claim under Schlup v. Delo, 513 U.S. 298 (1995), includes only newly discovered evidence that was not available at the time of trial or broadly includes all evidence that was not presented to the factfinder during trial.

Question Presented (AI Summary)

Whether the 'new' evidence required to make an actual-innocence claim under Schlup v. Delo includes only newly discovered evidence that was not available at the time of trial or broadly includes all evidence that was not presented to the factfinder during trial

Docket Entries

2026-01-30
Motion to extend the time to file a response is granted and the time is further extended to and including March 9, 2026.
2026-01-29
Motion of Justin M. Wolfe for an extension of time submitted.
2026-01-29
Motion to extend the time to file a response from February 6, 2026 to March 9, 2026, submitted to The Clerk.
2025-12-15
Motion to extend the time to file a response is granted and the time is extended to and including February 6, 2026.
2025-12-12
Motion of Justin M. Wolfe for an extension of time submitted.
2025-12-12
Motion to extend the time to file a response from January 7, 2026 to February 6, 2026, submitted to The Clerk.
2025-12-04
Petition for a writ of certiorari filed. (Response due January 7, 2026)
2025-10-01
Application (25A368) granted by The Chief Justice extending the time to file until December 4, 2025.
2025-09-26
Application (25A368) to extend the time to file a petition for a writ of certiorari from October 5, 2025 to December 4, 2025, submitted to The Chief Justice.

Attorneys

Chadwick Dotson, Director, Virginia Department of Corrections
Kevin Michael GallagherVirginia Office of the Attorney General, Petitioner
Justin M. Wolfe
William Thomas MarksPaul, Weiss, Rifkind, Wharton & Garrison LLP, Respondent