No. 22-6474

Cody Jay Riley v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Lower Court: Fifth Circuit
Docketed: 2023-01-06
Status: Denied
Type: IFP
IFP
Tags: actual-innocence aedpa americans-with-disabilities-act civil-rights due-process hiv incarceration penological-interests scientific-evidence
Key Terms:
DueProcess HabeasCorpus JusticiabilityDoctri
Latest Conference: 2023-03-03
Question Presented (from Petition)

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))?

Question Presented (AI Summary)

Does a state violate the Americans with Disabilities Act when incarcerating a person living with HIV outside of any penological interests?

Docket Entries

2023-03-06
Petition DENIED.
2023-02-16
DISTRIBUTED for Conference of 3/3/2023.
2022-12-09
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 6, 2023)

Attorneys

Cody Jay Riley
Cody Jay Riley — Petitioner