No. 20-5837

In Re Edward Donald Oberwise

Lower Court: N/A
Docketed: 2020-09-29
Status: Denied
Type: IFP
IFP
Tags: 28-usc-2244 actual-innocence aedpa aedpa-standards circuit-court habeas-corpus state-court successive-petition teague teague-claim
Latest Conference: 2020-10-16
Question Presented (from Petition)

Should this Court use its power to grant a writ of habeas corpus to a non-capital state court defendant who has no other available forum to raise a compelling claim of actual innocence?

2. Whether the Circuit Court of Appeals implicit rejection for leave to the District court for adjudication of actual innocence claims was contrary to the interpretation of 28 U.S.C.3 2244(b)(2)B)(i)?

3. Whether the state courts denial of new claims as untimely is contary to

4. Whether a Teague claim filed after a Petitioner's initial habeas proceeding was previously unavailable for the purposes of 28 U.S.C.2244(A

Question Presented (AI Summary)

Whether the Court should grant a writ of habeas corpus to a non-capital state court defendant who has no other available forum to raise a compelling claim of actual innocence

Docket Entries

2020-10-19
Petition DENIED.
2020-10-01
DISTRIBUTED for Conference of 10/16/2020.
2020-09-16
Petition for writ of habeas corpus and motion for leave to proceed in forma pauperis filed.

Attorneys

Edward D. Oberwise
Edward Oberwise — Petitioner