No. 18-738

Henry Paul Richardson v. United States

Lower Court: Fourth Circuit
Docketed: 2018-12-10
Status: Denied
Type: Paid
Response Waived
Tags: actual-innocence aedpa aedpa-restrictions circuit-split constitutional-claims defaulted-claims habeas habeas-corpus procedural-default sawyer-v-whitley schlup-v-delo standard-of-review
Latest Conference: 2019-01-11
Question Presented (from Petition)

Whether The Standard That Governs the AEDPA Provisions, 28 U.S.C. §2255(h)(1), §2244(b)(2)(B)(ii), and §2244(b)(3)(A), is inapplicable To A Second Habeas Petition Seeking Consideration of Defaulted Constitutional Claims based on A Showing of Actual innocence of the Crime Under The "More likely than not" Standard Prescribed in Schiup v. Delo, 513 U.S. 298 (1995)?

Whether The Lower Federal Courts Misapplied The Standard that Governs the Petitioner's Second Habeas Petition, When the "Clear and Convincing" Standard imposed by Sawyer v. Whitley, 505 U.S. 333 (1992), and Later enacted by Congress As the Standard That Governs the AEDPA Provisions was Clarified Pre-AEDPA in Schiup v. Delo, 513 U.S. 298 (1995), That Sawyer Standard is inapplicable to A Claim of Actual innocence of Crime?

There's A Conflict Among Circuits As To Whether The Actual innocence Standard Decided Pre-AEDPA in Schiup v. Delo, 513 U.S. 298 (1995), Provides An Exception to the AEDPA Provisions, 28 U.S.C. §2255(h)(1), §2244(b)(2)(B), and §2244(b)(3)(A)?

Petitioner is Entitled to have his Defaulted Constitutional Claims Addressed in the District Court Based on A Showing of Actual innocence of the Crime Under The "More likely than not" Standard Prescribed in Schiup v. Delo, 513 U.S. 298 (1995).

Question Presented (AI Summary)

Whether the Schlup v. Delo actual-innocence standard applies to a second habeas petition

Docket Entries

2019-01-14
Petition DENIED.
2018-12-26
DISTRIBUTED for Conference of 1/11/2019.
2018-12-14
Waiver of right of respondent United States to respond filed.
2018-09-10
Petition for a writ of certiorari filed. (Response due January 9, 2019)

Attorneys

Henry Paul Richardson
Henry Paul Richardson — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent