No. 20-6485
Qinard Lamar Collins v. Mark S. Inch, Secretary, Florida Department of Corrections, et al.
Tags: actual-innocence circuit-split due-process federal-courts habeas-corpus medical-evidence shaken-baby-syndrome statutory-interpretation
Latest Conference:
2021-01-08
Question Presented (from Petition)
Whether – in a case where (1) the prose cution's theory was based on "shaken
baby syndrome" but (2) there has now been a sea change in the medi cal communi ty,
which now questi ons the reliability of "shaken baby syndrome" – a freestandi ng claim
of actual innocence i s cogni zable in a 28 U .S.C. § 2254 proceedi ng.
Question Presented (AI Summary)
Whether a freestanding claim of actual innocence is cognizable in a 28 U.S.C. § 2254 proceeding in a case where the prosecution's theory was based on 'shaken baby syndrome' but there has now been a sea change in the medical community questioning the reliability of 'shaken baby syndrome'
Docket Entries
2021-01-11
Petition DENIED.
2020-12-10
DISTRIBUTED for Conference of 1/8/2021.
2020-12-03
Waiver of right of respondent Mark S. Inch, Secretary, Florida Department of Corrections to respond filed.
2020-11-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 31, 2020)
Attorneys
Mark S. Inch, Secretary, Florida Department of Corrections
Pamela J. Koller — Office of the Attorney General, Respondent
Qinard Collins
Michael Robert Ufferman — Michael Ufferman Law Firm, P.A., Petitioner