No. 18-6788

Rhett Bean v. Israel Hamilton, Warden

Lower Court: Fourth Circuit
Docketed: 2018-11-23
Status: Denied
Type: IFP
IFP
Tags: civil-rights criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel miscarriage-of-justice presumption-of-innocence
Latest Conference: 2019-01-18
Question Presented (from Petition)

FOR the purpose of U.s.c.A 2253(c), is it debatable that wrongly excluded evidence
MAy be used to Rebut the presumption of guilt for A cRimivial conviction undeR
Schulp -V. Del0 513 u.S 289, 113 5.C+ 851, 324, 332 (1995) ?

If sufficient facts ARe presented to demonstrate that A petitiover will be able to
PRoVe he didN't commit the cRiMe preseNtEd At +RiAl should A U.S.C.A 22S3 (C)
CeRtificAte of Appealability issue oN A miscARRriAge of justice claim?

WheN cOUNsel dEs NOt eNsuRe mANdAtORy pRocEDUReS ARe followeEd ANd AllOW his
client to go to teil without those safe guards in place is the thresholding showing

Question Presented (AI Summary)

Whether wrongly excluded evidence may be used to rebut the presumption of guilt for a criminal conviction under Schlup v. Delo, 513 U.S. 298, 113 S.Ct. 851, 324, 332 (1995)

Docket Entries

2019-01-22
Petition DENIED.
2019-01-03
DISTRIBUTED for Conference of 1/18/2019.
2018-06-26
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 24, 2018)

Attorneys

Rhett Bean
Rhett Bean — Petitioner