No. 20-7916

Shomas T. Winston v. Gary A. Boughton, Warden

Lower Court: Seventh Circuit
Docketed: 2021-05-03
Status: Denied
Type: IFP
IFP
Tags: actual-innocence constitutional-claims due-process habeas-corpus procedural-default schlup-v-delo
Latest Conference: 2021-09-27
Question Presented (from Petition)

WHETHER A DISTRICT COURT SHOULD BE ABLE TO DENY A PETITIONER ACTUAL INNOCENCE AS A GATEWAY TO OTHERWISE BARRED CONSTITUTIONAL CLAIMS WITHOUT CONSIDERATION OF ENTIRE RECORD AS A WHOLE?

WHETHER A DISTRICT COURT SHOULD BE ABLE TO DENY A PETITIONER ACTUAL INNOCENCE AS A GATEWAY TO OTHERWISE BARRED CONSTITUTIONAL CLAIMS BY PLACING A STANDARD FOR PETITIONER TO MEET SCHLUP V. DELO DOES NOT REQUIRE?

WHETHER A PETITIONER SHOULD BE DENIED AN EVIDENTIARY HEARING TO QUESTION A JUROR WHO FAILED TO DISCLOSE INFORMATION BECAUSE STATE COURTS RULED PETITIONER RECEIVED A FAIR AND IMPARTIAL JURY DESPITE SAID JUROR NEVER BEING QUESTIONED?

WHETHER A PETITIONER IS DENIED RIGHT TO EFFECTIVE ASSISTANCE OF COUNSEL WHEN TRIAL COUNSEL'S FAILURE TO INFORM TRIAL COURT A JUROR WHO KNEW PETITIONER PERSONALLY RESULTED IN SAID JUROR BEING REMAINING JUROR?

WHETHER A PETITIONER HAS A CONSTITUTIONAL RIGHT TO BE ISSUED A CERTIFICATE OF APPEALABILITY BY COURT OF APPEALS, IF THE DISTRICT COURT DENIED TO ISSUE C.O.A. FOLLOWING AN ERRONEOUS RESOLUTION OF WRIT OF HABEAS CORPUS?

Question Presented (AI Summary)

Whether a petitioner should be allowed to assert a claim of actual innocence as a gateway to overcome procedurally defaulted constitutional claims without consideration of the entire record

Docket Entries

2021-10-04
Petition DENIED.
2021-06-17
DISTRIBUTED for Conference of 9/27/2021.
2021-03-01
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 2, 2021)

Attorneys

Shomas T. Winston
Shomas T. Winston — Petitioner