No. 25-5524

Wesley Brian Earnest v. Kemsey Bowles, Warden, et al.

Lower Court: Fourth Circuit
Docketed: 2025-09-02
Status: Denied
Type: IFP
Response WaivedIFP
Tags: covid-19 dna-evidence habeas-corpus legal-research pro-se procedural-time-bar
Latest Conference: 2025-10-17
Question Presented (from Petition)

Should pre se, incaccecated Habeas Corpus petitioners be Procedural ly time-bacced when The multi- yeac COVID-19 Pandemic created "Extenocdinary Cireunstacces ond impedimexts beyoad thetic Cextro| ?

A) When prises law \ibraries Were shuttered Loe Years dur incy the Covip-(4 lockdown, Should pro se Inmates be held +te Impossible dead\ines 7 Or Sheuld a One- year extensien be aranted Lor lege | fi lings duc os) the Pandemic Via Fedem| Kules of Civil Procedure CF Rc) Rule GO?

») Sheuld Pre se inmectes ) Aci acy the Cevro-/9 Pandemic lockdousn , be dered a equal P¢poctuaity to do lege | research te [earn of = Couct rules /deadlines as these able to hire "outside" attecneys P Or should a One-year extension be arated 7 Lor leagl Filings during the Fandemie via Federn| Rules of Civil Proceduce (FRcP) Kule Go?

(@)) Should Courts Te coanize " etual Lnmocence" of CXonerating DNA (Etecd and haic) evidence OS oO means te remeve Procedure | time bars in @ fro se Petit ener's 'Habeas Cocpus © (Lower Coucts are adivided on this issue.) A) Should trial courts dery defendants the Use of exeneratiag DNA evidence Simply because the DNA is not yet resistered In @ Climinal delabase and the third-pacty donor is ) Uaknousn © B) Should +rial courts Supplaak Se\entiFic DNA evidence With mere Speculation and Circumstantial evidence or would this lead to a Sucqe in Wrongful Coavietions Nationwide , Signi cast ly Miminishing ~ the public Corfidence in The pdicial system?

Question Presented (AI Summary)

Whether pro se, incarcerated habeas corpus petitioners should be granted procedural time extensions due to extraordinary COVID-19 pandemic circumstances that impeded legal research and filing deadlines

Docket Entries

2025-10-20
Petition DENIED.
2025-10-02
DISTRIBUTED for Conference of 10/17/2025.
2025-10-01
Waiver of right of respondent Bowles, Warden, et al. to respond filed.
2025-08-26
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 2, 2025)

Attorneys

Bowles, Warden, et al.
Kevin Michael GallagherVirginia Office of the Attorney General, Respondent
Wesley B. Earnest
Wesley Brian Earnest — Petitioner