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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


Certiorari denied · January 14, 2019
Pre-decision estimate: 0% cert probability

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

  1. Jan 14 2019
    Petition DENIED.
  2. Dec 26 2018
    DISTRIBUTED for Conference of 1/11/2019.
  3. Dec 14 2018
    Waiver of right of respondent United States to respond filed.
  4. Sep 10 2018
    Petition for a writ of certiorari filed. (Response due January 9, 2019)