Cody Jay Riley v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division
DueProcess HabeasCorpus JusticiabilityDoctri
1. Does a state violate the Americans with Disabilities Act when incarcerating a person living with HIV outside of any penological interests?
2. When new science emerges and nullifies a critical element of an offense/ violating the Constitutional Due Rights of a person/ does the miscarriage of justice warrant an exception to the one-year filing limitations under the AEDPA?
3. When new science proves actual innocence of the charge convicted/ even if it does not neccessarily include lesser included offenses/ does the Due Process violation from the illegal sentence warrant an exception to the one-year filing limitations under the AEDPA?
4. When does scientific hypothesis become scientific fact for the purposes of establishing factual predicate under the AEDPA (28 USC §2244( d)(1))?
Does a state violate the Americans with Disabilities Act when incarcerating a person living with HIV outside of any penological interests?