No. 21-6869
Edward Oberwise v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al.
IFP
Tags: actual-innocence certiorari constitutional-review due-process habeas-corpus post-conviction-relief procedural-default state-court state-court-procedure successive-petition
Key Terms:
HabeasCorpus
HabeasCorpus
Latest Conference:
2022-03-18
Question Presented (from Petition)
should this Court use its power to grant certiorari to a non-prisoner to raise a compelling claim of actual innocence
Whether the Court of Appeals determination of the Rule 60(b) motion was in fact an impermissibly second or successive 28 U.S.C. § 2254 habeas corpus petition
Whether the Court of Appeals rejection of the Rule 60(b) motion was contrary to the interpretation of Gonzalez v. Crosby, 545 U.S. 524, 532 n.4 (2005)
Question Presented (AI Summary)
Should the Court use its power to grant certiorari to a noncapital state court defendant who has no other available forum to raise a compelling claim of actual innocence?
Docket Entries
2022-03-21
Petition DENIED.
2022-02-24
DISTRIBUTED for Conference of 3/18/2022.
2021-12-03
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 14, 2022)
Attorneys
Edward Oberwise
Edward Oberwise — Petitioner