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Henry Paul Richardson v. United States
Paid petition · United States Court of Appeals for the Fourth Circuit, No. 17-7517 · judgment April 3, 2018
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
Whether The Standard That Governs the AEDPA Provisions, 28 U.S.C. §2255(h)( 1), §2244(b)(2)(B)(ii), and §2244(b)(3)(A), is inapplicable To A Second Habeas Petition Seeking Consideration of Defaulted Constitutional Claims based on A Showing of Actual innocence of the Crime Under The "More likely than not" Standard Prescribed in Schiup v. Delo, 513 U.S. 298 (1995)? Whether The Lower Federal Courts Misapplied The Standard that Governs the Petitioner's Second Habeas Petition, When the "Clear and Convincing" Standard imposed by Sawyer v. Whitley, 505 U.S. 333 (1992), and Later enacted by Congress As the Standard That Governs the AEDPA Provisions was Clarified Pre-AEDPA in Schiup v. Delo, 513 U.S. 298 (1995), That Sawyer Standard is inapplicable to A Claim of Actual innocence of Crime? There's A Conflict Among Circuits As To Whether The Actual innocence Standard Decided PreAEDPA in Schiup v. Delo, 513 U.S. 298 (1995), Provides An Exception to the AEDPA Provisions, 28 U.S.C. §2255(h)(1), §2244(b)(2)(B), and §2244(b)(3)(A)? Petitioner is Entitled to have his Defaulted Constitutional Claims Addressed in the District Court Based on A Showing of Actual innocence of the Crime Under The "More likely than not" Standard Prescribed in Schiup v. Delo, 513 U.S. 298 (1995).
Counsel of record
For petitioner
Henry Paul Richardson
For respondent
Noel John Francisco
Jones Day
Case
Conference history
Distributed for 1 conference
Proceedings
- Jan 14 2019Petition DENIED.
- Dec 26 2018DISTRIBUTED for Conference of 1/11/2019.
- Dec 14 2018Waiver of right of respondent United States to respond filed.
- Sep 10 2018Petition for a writ of certiorari filed. (Response due January 9, 2019)