Matthew Stephen Hepple v. Attorney General for the State of New Mexico

Summary

The United States District Court for the District of New Mexico orders the New Mexico Attorney General to answer Matthew Stephen Hepple’s 28 U.S.C. § 2254 habeas petition. The answer must address the merits, timeliness and actual-innocence issues, exhaustion, and include relevant state-court records and transcripts; Hepple may file an optional reply.

Holdings

1. Because the Court lacked the underlying state record and Hepple's response appeared to invoke actual innocence, the Attorney General was required to answer the § 2254 petition rather than the Court dismissing it at that stage.
2. The Attorney General must address the merits of each § 2254 claim, Hepple's arguments concerning tolling and the potential time bar, the exhaustion status of the claims, and the appropriate procedure if the petition is mixed.

Questions Presented

1. Whether the § 2254 petition should be dismissed as untimely at the show-cause stage.
2. Whether Hepple's apparent actual-innocence assertion could serve as a gateway to consideration of an otherwise time-barred habeas petition.
3. Whether the respondent should be required to provide the state-court record and answer the merits, exhaustion, tolling, and timeliness issues.

Disposition

other