New evidence in second appeals
Cottom v. United States
In brief
- Where it stands
- Petition Pending
Awaiting an order on the petition
- What it’s about
- Kirk Cottom asks the Supreme Court to review his claim that the Eighth Circuit read the rules for filing a second federal challenge to a conviction so strictly that courts cannot consider newly discovered evidence, violating the Constitution’s protection for challenging imprisonment in court.
- What's at stake
- For Cottom, whether a second challenge based on newly discovered evidence can be considered remains unresolved.
Summary: written with AI from the case record.
What it's about
Cottom filed a petition asking for Supreme Court review, but the record does not show that the Court agreed to hear the case.
Federal law limits when a person may file a second federal challenge to a conviction.
Question presented
Whether a Habeas Petitioner’s Suspension Clause rights are violated when a court of appeals apparently interprets the gatekeeping requirements of 28 U.S.C. §2255(h)(l) so stringently that it operates as an absolute bar to filing a second or successive motion, regardless of the merit of the newly discovered evidence.
What happens next
The Court must decide whether to hear the case. No oral argument or decision date is set.
Documents
Docket activity
New analysis added
AI analysis generated: Case Briefing
Case data updated: summary, question_presented, generation_metadata
Case data updated: question_presented, extraction_metadata
Brief added: Petition
Sources
Primary materials plus reporting. Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.