No. 18-6769

Kenneth G. Middleton v. Ronda Pash, Superintendent, Crossroads Correctional Center

Lower Court: Missouri
Docketed: 2018-11-21
Status: Denied
Type: IFP
IFP
Tags: actual-innocence constitutional-rights due-process eighth-amendment fourteenth-amendment habeas-corpus ineffective-assistance-of-counsel post-conviction-proceedings post-conviction-relief
Key Terms:
DueProcess HabeasCorpus Punishment JusticiabilityDoctri
Latest Conference: 2019-01-18
Question Presented (from Petition)

1. Whether the continued incarceration of a state prisoner who has presented a truly persuasive case of actual innocence violates the Eighth and Fourteenth Amendments.

2. Whether the due process clause of the Fourteenth Amendment requires that state prisoners be afforded a full and fair corrective process in state court to adjudicate claims of actual innocence and other federal constitutional claims.

3. Whether the Sixth and Fourteenth Amendments require state courts to guarantee that prisoners receive effective assistance of counsel during initial post conviction proceedings in states where that is the first forum in which a prisoner may raise a claim of ineffective assistance of trial counsel.

Question Presented (AI Summary)

Whether the continued incarceration of a state prisoner who has presented a truly persuasive case of actual innocence violates the Eighth and Fourteenth Amendments

Docket Entries

2019-01-22
Petition DENIED.
2019-01-03
DISTRIBUTED for Conference of 1/18/2019.
2018-11-13
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 21, 2018)

Attorneys

Kenneth Middleton
Kent E. GipsonLaw Office of Kent Gipson, LLC, Petitioner