No. 18-9690

Curt M. Lockett v. Florida

Lower Court: Florida
Docketed: 2019-06-17
Status: Denied
Type: IFP
Response WaivedIFP
Tags: abuse-of-writ actual-innocence carrier-standard constitutional-claims due-process evidentiary-hearing federal-review habeas-corpus innocence-claim post-conviction-review procedural-error successive-petitions
Latest Conference: 2019-10-01
Question Presented (from Petition)

Q1: Should a habeas petitioner's claims of actual innocence, supported by the face of the court record, be subject to deference of abusive or successive use of writ?

Q2: Should claims of actual innocence supported by the face of the court record warrant an evidentiary hearing?

Q3: Should procedural bars ever keep a man from obtaining post conviction relief when evidence of his innocence is on the face of the court record?

Q4: Does the Court recognize that a constitutional violation probably resulted in the conviction of one who is actually innocent? (Does Carrier standard apply?)

Question Presented (AI Summary)

Should 4 habeas petitioners' claims of actual innocence, supported by the facts of the record, be subject to doctrines of abuse or successive use of the writ?

Docket Entries

2019-10-07
Petition DENIED.
2019-06-27
DISTRIBUTED for Conference of 10/1/2019.
2019-06-25
Waiver of right of respondent Florida to respond filed.
2019-05-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 17, 2019)

Attorneys

Curt Lockett
Curt Lockett — Petitioner
Florida
Celia A. Terenzio — Respondent