No. 18-7200

Dayvon Bryan Riley v. United States

Lower Court: Fourth Circuit
Docketed: 2019-01-02
Status: Denied
Type: IFP
Response WaivedIFP
Tags: actual-innocence equitable-analysis evidence evidence-claim federal-habeas habeas-corpus legal-sufficiency schlup-standard schlup-v-delo
Latest Conference: 2019-02-15
Question Presented (from Petition)

1. Whether a petitioner's claim in a federal habeas case that it is logically impossible that they committed an element of the offense—even when no new evidence is offered—is an actual innocence claim reviewed under the less stringent equitable analysis articulated by this Court in Schlup v. Delo and not subject to the more stringent test governing legal sufficiency of the evidence claims.

Question Presented (AI Summary)

Whether a petitioner's claim in a federal habeas case that it is logically impossible that they committed an element of the offense is an actual innocence claim

Docket Entries

2019-02-19
Petition DENIED.
2019-01-17
DISTRIBUTED for Conference of 2/15/2019.
2019-01-11
Waiver of right of respondent UNITED STATES OF AMERICA to respond filed.
2018-12-26
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 1, 2019)

Attorneys

DAYVON RILEY
Raymond Curtis TarltonTarlton Polk PLLC, Petitioner
UNITED STATES OF AMERICA
Noel J. FranciscoSolicitor General, Respondent