No. 21-7670

In Re Oscar Smith

Lower Court: N/A
Docketed: 2022-04-21
Status: Denied
Type: IFP
IFP
Tags: actual-innocence aedpa capital-punishment constitutional-rights dna-evidence due-process habeas-corpus suspension-clause
Latest Conference: N/A
Question Presented (from Petition)

Question not identified.

Question Presented (AI Summary)

Whether the AEDPA bars federal review of a death row inmate's claim of actual innocence based on newly discovered DNA evidence, in violation of the Suspension Clause

Docket Entries

2022-04-21
Brief of respondent State of Tennessee in opposition filed.
2022-04-21
Response to application from respondent State of Tennessee filed.
2022-04-21
Application (21A631) referred to the Court.
2022-04-21
Petition DENIED.
2022-04-21
Application (21A631) denied by the Court.
2022-04-20
Petition for writ of habeas corpus and motion for leave to proceed in forma pauperis filed.
2022-04-20
Application (21A631) for a stay of execution of sentence of death, submitted to Justice Kavanaugh.

Attorneys

Oscar Smith
Amy Dawn HarwellFederal Public Defender TNM, Petitioner
State of Tennessee
Michael M. Stahl — Respondent