No. 23-7614

Melvin Bonnell v. Bill Cool, Warden

Lower Court: Sixth Circuit
Docketed: 2024-06-03
Status: Denied
Type: IFP
IFP
Tags: actual-innocence bad-faith brady-violation due-process exculpatory-evidence federal-habeas habeas-corpus state-misconduct youngblood youngblood-claim
Key Terms:
DueProcess HabeasCorpus JusticiabilityDoctri
Latest Conference: 2024-09-30
Question Presented (from Petition)

1. When bad faith is uncovered years after the petitioner fully litigated his initial habeas petition, should a Youngblood claim be considered newly ripened and therefore not subject to the second-or-successive petition requirements of § 2244, consistent with Panetti v. Quarterman, 551 U.S. 930 (2007)?

2. Where a petitioner acted with due diligence and there has been no abuse of the writ, may § 2244(b) be construed to categorically exclude consideration of a meritorious Youngblood claim because the "actual innocence" standard can never be met when the government in bad faith destroyed the "potentially useful" exculpatory evidence?

Question Presented (AI Summary)

When bad faith is uncovered years after the petitioner fully litigated his initial habeas petition, should a Youngblood claim be considered newly ripened and therefore not subject to the petition requirements of § 2244, consistent with Panetti v. Quarterman

Docket Entries

2024-10-07
Petition DENIED.
2024-08-19
Reply of Melvin Bonnell submitted.
2024-08-19
Reply of petitioner Melvin Bonnell filed. (Distributed)
2024-08-15
DISTRIBUTED for Conference of 9/30/2024.
2024-08-01
Brief of Bill Cool in opposition submitted.
2024-08-01
Brief of respondent Bill Cool, Warden in opposition filed.
2024-06-12
Motion to extend the time to file a response is granted and the time is extended to and including August 2, 2024.
2024-06-10
Motion to extend the time to file a response from July 3, 2024 to August 2, 2024, submitted to The Clerk.
2024-05-30
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 3, 2024)
2024-03-20
Application (23A852) granted by Justice Kavanaugh extending the time to file until June 1, 2024.
2024-03-18
Application (23A852) to extend the time to file a petition for a writ of certiorari from April 2, 2024 to June 1, 2024, submitted to Justice Kavanaugh.

Attorneys

Bill Cool
Michael Jason HendershotOhio Attorney General's Office, Respondent
Melvin Bonnell
Laurence Edward Komp — Petitioner