No. 19-5170

Phillip J. Rosenblum v. Martin Biter, Warden

Lower Court: Ninth Circuit
Docketed: 2019-07-16
Status: Denied
Type: IFP
IFP
Tags: actual-innocence civil-rights constitutional-claim due-process federal-courts federal-review habeas-corpus procedural-default reopening-deadline state-court-exhaustion successive-petitions
Latest Conference: 2019-10-01
Question Presented (from Petition)

FEPERAL DISTRICT COURT
THAT EN VIOLATION OE THE U.S. CONSTZTUTION IF
THAT CLAIM HAS NOT BEEN ADJUPICATEP BY THE
FEDERAL DISTRICT COURT AND IS BESULTINE IN
THE CONVICTION OF ONE WHO IS "ACTUALLY
INNOCENT"
OF FHE U.S. CONSTITUTION WHEN. A PETITEONER
CANNDT SATLSFY THE PROVISIOMS OF ∂8 U.SAC 2ZYHIbULLS
BUT HE HAS AN "ACTUAL ENNOCENCE" CLAEM FOUND IN
A SUCCESSIVE PETITTON THAT HAS NOT BEEN
AOJUDICATED BY THE FERERAL DISTRICT COURT AND
RESULTING IN THE CONVICTION OF ONE WHO
Zs
IS INNOCENT

Question Presented (AI Summary)

Whether a petitioner with an 'actual innocence' claim can be barred from review and treated as if successive petitions that have not been adjudicated by the federal courts have actually been adjudicated

Docket Entries

2019-10-07
Petition DENIED.
2019-08-29
DISTRIBUTED for Conference of 10/1/2019.
2019-07-01
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 15, 2019)

Attorneys

Phillip J. Rosenblum
Phillip Rosenblum — Petitioner