Robert Travis Jenkins v. Dan Schnurr

Summary

The United States District Court for the District of Kansas addresses the timeliness of Robert Travis Jenkins’s 28 U.S.C. § 2254 habeas petition. The court directs the respondent to provide state-court criminal records, transcripts, and a state appellate brief needed to evaluate Jenkins’s claims of equitable tolling and actual innocence. The court postpones further timeliness analysis pending review of those materials.

Holdings

1. The court could not resolve the timeliness question on the existing record and therefore ordered Respondent to submit specified state-court records and a state appellate brief for examination.

Questions Presented

1. Whether the court had sufficient state-court records to determine whether Jenkins was entitled to equitable tolling of the federal habeas statute of limitations.
2. Whether the available record was sufficient to determine whether Jenkins could invoke the actual-innocence gateway despite filing an untimely federal habeas petition.

Disposition

other