No. 19-8186

Leroy Staton v. Superintendent, Lee Correctional Institution

Lower Court: Fourth Circuit
Docketed: 2020-04-06
Status: Denied
Type: IFP
Response WaivedIFP
Tags: actual-innocence bill-of-attainder criminal-conviction criminal-procedure due-process ineffective-assistance ineffective-counsel sexual-assault
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2020-06-04
Question Presented (from Petition)

I,
WHETHER DEFENDANT IS NOT GUILTY AS THERE WAS NO RAPE AND
THEREFORE NO MURDER TO COVER-UP A NON-RAPE, RESULTING IN A
CONVICTION WHICH NO RATIONAL JURIST WOULD HAVE DECIDED, WHICH
RESULTED FROM DUE PROCESS VIOLATIONS WHICH FURTHER RESULTED IN A
FUNDAMENTALLY UNFAIR TRIAL?

II,
WHETHER THE SOUTH CAROLINA TIME LIMITATION ON CLAIMS OF
ACTUAL INNOCENCE IS AN UNCONSTITUTIONAL BILL OF ATTAINDER?

III,
WHETHER COUNSEL WAS INEFFECTIVE FOR FAILING TO NOTICE OR
LITIGATE THE IMPOSSIBILITY OF THE SEXUAL ASSAULT (RAPE) AND THAT
DEFENDANT IS NOT GUILTY?

Question Presented (AI Summary)

Whether defendant is not guilty due to lack of rape and murder cover-up, resulting in an irrational conviction from due process violations and an unfair trial

Docket Entries

2020-06-08
Petition DENIED.
2020-05-20
DISTRIBUTED for Conference of 6/4/2020.
2020-05-14
Waiver of right of respondent Superintendent, Lee Correctional to respond filed.
2020-04-06
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 6, 2020)

Attorneys

Leroy Staton
Leroy Staton — Petitioner
Superintendent, Lee Correctional
Donald John ZelenkaSouth Carolina Attorney General's Office, Respondent