No. 21-5395

In Re Christopher Burgess

Lower Court: N/A
Docketed: 2021-08-18
Status: Denied
Type: IFP
IFP
Tags: 28-usc-2255 actual-innocence criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel mail-room-delay time-bar
Key Terms:
HabeasCorpus
Latest Conference: 2021-09-27
Question Presented (from Petition)

1. In the interest of justice, should a 28 U.S.C. § 2255 be entertained under less stringent conditions if it contains both "actial innocence " and ineffective assistance of council " claims?

2. Why does the severity of a crime make it imposible to prove ones innocence?

3. Why is Meta Data not considered substantial evidence when innocence based on the Meta Data due to the pattern it portrays?

4. Is a 28 U.S.C. § 2255 time barred when it was deposited in prison mail box within the one year time limit, but reseaved after the time limit due to the Mail Room's delay in requesting additional postage?

Question Presented (AI Summary)

Should a 28 U.S.C. § 2255 be entertained under less stringent conditions if it contains both 'actual-innocence' and 'ineffective-assistance-of-counsel' claims?

Docket Entries

2021-10-04
Petition DENIED.
2021-08-19
DISTRIBUTED for Conference of 9/27/2021.
2021-06-23
Petition for writ of habeas corpus and motion for leave to proceed in forma pauperis filed.

Attorneys

In Re Christopher Burgess
Christopher Burgess — Petitioner