No. 18-5059

David Randolph Bedell v. Scott Jordan, Warden

Lower Court: Sixth Circuit
Docketed: 2018-06-29
Status: Denied
Type: IFP
IFP
Tags: actual-innocence aedpa-limitations aedpa-statute-of-limitations cause-and-prejudice certificate-of-appealability extraordinary-circumstances fundamental-defects habeas-corpus ineffective-assistance-of-counsel manifest-injustice procedural-default
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2018-09-24
Question Presented (AI Summary)

Whether the Sixth Circuit Court of Appeals abused its discretion in denying a Certificate of Appealability

Question Presented (OCR Extract)

QUESTION(S) PRESENTED Did the Sixth Circuit Court of Appeals abuse its discretion when determining whether Certificate of Appealability should have been issued regarding the following: (1) Whethér the District Court is barred from considering an ineffective assistance of counsel claim as cause for the procedural default of another claim when the ineffective aSSistance claim has:: itself been procedurally defaulted as discussed under the Edwards v. Carpenter rule of law. (2) Whether the District Court even considered the impediment(s) as cause and prejudice, with 3-levels of impediments, to toll the AEDPA statutesof limitations period prior to dismissing the petition on the basis that it : was time-barred. (3) Whether the District Court even considered the inadequate and ineffective State court process as'cause and prejudice, with extraordinary, exceptional, and/or special circumstances prior to dismissing the petition on the basis that it was time-barred. (4) Whether the District Court correctly determined that the . petitioner had failed to make a sufficiant showing of innocence under manifest injustice to merit further proceedings on that issue before the District Court as discussed under the Schlup v. Delo, and Murray v. Carrier rules of law. (5) Whether the District Court even considered the fundamental defects, singular and/or cumulative, under manifest injustice to merit further proceedings as discussed under the Coleman Vs Thompson rule of law. aa

Docket Entries

2018-10-01
Petition DENIED.
2018-08-16
DISTRIBUTED for Conference of 9/24/2018.
2018-05-14
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 30, 2018)

Attorneys

David Randolph Bedell
David Randolph Bedell — Petitioner
David Randolph Bedell — Petitioner