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Devon Delehoy v. South Dakota, et al.

IFP petition · United States Court of Appeals for the Eighth Circuit, No. 24-2866 · judgment February 4, 2025


Certiorari denied · October 6, 2025

Questions presented

QUESTIONS Petitioner, Devon Delehoy (prose) submits die following questions of law under 28 U.S.C.A. section 1331.

  1. Is a person who gets into a car voluntary, held against their will?

  2. Isa person who exits a car and returns without concern, held against their will?

  3. Is a person who performs a sexual act held against their will?

  4. Is a person who drives home while their accused assualtant sleeps, being held against their will?

  5. Is it a common reflection of kidnapping when the person invites her accused assaultant after the concern into her home?

  6. Is the petitioner entitled to a jury instruction that describes the “knowing” element of the underlying offence?

  7. Must a court screen a petition of habeas corpus under rule 4 of habeas 2254 cases?

  8. Must a court rule on the merits under the 14"’ amendment

  9. Can a habeas court grant a habeas absence of showing cause for the procedural default?

  10. Is wrongfully convicted also known as innocence?

  11. Is due diligence waived under the actual innocence?

  12. Is timelessness excused under procedural default?

  13. Is procedural default excused under actual innocence?

Counsel of record

For petitioner
Devon Delehoy

For respondent

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Dec 08 2025
    Rehearing DENIED.
  2. Nov 18 2025
    DISTRIBUTED for Conference of 12/5/2025.
  3. Oct 29 2025
    Petition for Rehearing filed.
  4. Oct 06 2025
    Petition DENIED.
  5. Jun 26 2025
    DISTRIBUTED for Conference of 9/29/2025.
  6. Mar 21 2025
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 16, 2025)