No. 19-922

Donnie Cleveland Lance v. Georgia

Lower Court: Georgia
Docketed: 2020-01-23
Status: Denied
Type: Paid
Tags: capital-punishment dna-testing due-process eighth-amendment equal-protection extraordinary-motion fourteenth-amendment innocence-claim new-trial
Latest Conference: N/A
Question Presented (from Petition)

1. Was petitioner denied due process and equal protection under the Fourteenth Amendment by the state courts' imposition of extra-statutory requirements that petitioner present "convincing and detailed evidence of his innocence" and demonstrate "due diligence" before obtaining DNA testing critical to determining whether Petitioner is innocent.

2. Did the Georgia court violate petitioner's rights under the Eighth and Fourteenth Amendments by evaluating the impact of favorable DNA results by reference only to a reading of the evidence actually presented at the trial favorable to the State rather than by reviewing the entire record, including the habeas record, in an objective manner and by requiring that the evidence would result in acquittal as opposed to considering broader sentencing implications?

Question Presented (AI Summary)

Was petitioner denied due process and equal protection

Docket Entries

2020-01-29
Application (19A826) referred to the Court.
2020-01-29
Petition DENIED.
2020-01-29
Application (19A826) denied by the Court.
2020-01-28
Reply of petitioner Donnie Cleveland Lance filed.
2020-01-27
Brief of respondent Georgia in opposition filed.
2020-01-23
Petition for a writ of certiorari filed. (Response due February 24, 2020)
2020-01-23
Application (19A826) for a stay of execution of sentence of death, submitted to Justice Thomas.

Attorneys

Donnie Cleveland Lance
L. Joseph Loveland — Petitioner
Georgia
Patricia Beth BurtonState Law Department, Respondent