No. 24-6180

Carl Hubbard v. Jeff Tanner, Warden

Lower Court: Sixth Circuit
Docketed: 2024-12-19
Status: Denied
Type: IFP
Response WaivedIFP
Tags: actual-innocence circuit-court gateway-claim habeas-corpus judicial-review supreme-court-precedent
Latest Conference: 2025-02-21
Question Presented (from Petition)

1. DID THE MAJORITY BELOW ERROR IN NOT APPLYING THIS COURT'S DECISION IN SCHULP V. DELO, TO HOLD THAT PETITIONER COMPELLING NEW EVIDENCE, THAT PRESENTS A COLORABLE CLAIM OF ACTUAL INNOCENCE, CREATE TWO CONFLICTS OF LAW, BY THE PANEL'S IMPOSSIBLE "ACTUAL INNOCENCE" STANDARD?

2. DID THE SIX CIRCUIT COURT OF APPEALS ERROR WHEN THEY DID NOT PROVIDE A HEARING EN BANC, WHEN A PANEL OF TWO OF THREE JUDGES RULED CONTRARY TO UNITED STATES SUPREME COURT LAW, ESTABLISHING NEW LAW, DENYING MR. HUBBARD'S ACTUAL INNOCENCE GATEWAY CLAIM?

Question Presented (AI Summary)

Whether the Sixth Circuit Court of Appeals erred in not applying Schulp v. Del© precedent and denying petitioner's actual innocence gateway claim despite compelling new evidence

Docket Entries

2025-02-24
Petition DENIED.
2025-02-06
DISTRIBUTED for Conference of 2/21/2025.
2025-01-31
Waiver of right of respondent Jeff Tanner, Warden to respond filed.
2024-11-08
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 21, 2025)

Attorneys

Carl Hubbard
Carl Hubbard — Petitioner
Jeff Tanner, Warden
Ann Maurine ShermanMichigan Department of Attorney General, Respondent