No. 18-100

Leonard Maurice Drane v. Eric Sellers, Warden

Lower Court: Georgia
Docketed: 2018-07-23
Status: Denied
Type: Paid
Tags: actual-innocence constitutional-review death-penalty due-process eighth-amendment enmund-v-florida fourteenth-amendment habeas-corpus proportionality wrongful-conviction
Latest Conference: 2018-09-24
Question Presented (from Petition)

1. When a prisoner under a sentence of death has acquired compelling and undisputed evidence of his actual innocence after his trial that the state courts fail and refuse to give full and fair consideration, does the Constitution require that his innocence provide an independent and cognizable ground for relief from that sentence?

2. Is this compelling evidence of innocence sufficient to serve as both evidence in support of and a gateway to this Court's consideration of Petitioner's claim that his sentence of death is disproportionate pursuant to Enmund v. Florida and its progeny?

Question Presented (AI Summary)

When a prisoner under a sentence of death has acquired compelling and undisputed evidence of his actual innocence after his trial that the state courts fail and refuse to give full and fair consideration, does the Constitution require that his innocence provide an independent and cognizable ground for relief from that sentence?

Docket Entries

2018-10-01
Petition DENIED.
2018-09-05
DISTRIBUTED for Conference of 9/24/2018.
2018-09-04
Reply of petitioner Leonard Maurice Drane filed.
2018-08-22
Brief of respondent Eric Sellers, Warden in opposition filed.
2018-07-19
Petition for a writ of certiorari filed. (Response due August 22, 2018)
2018-05-10
Application (17A1241) granted by Justice Thomas extending the time to file until July 19, 2018.
2018-05-07
Application (17A1241) to extend the time to file a petition for a writ of certiorari from May 20, 2018 to July 19, 2018, submitted to Justice Thomas.

Attorneys

Eric Sellers, Warden
Tayo PopoolaGeorgia Office of the Attorney General, Respondent
Leonard Maurice Drane
L. Joseph LovelandKing & Spalding LLP, Petitioner