No. 18-5090

Quonshay Douglas-Ricardo Mason v. DeWayne Burton, Warden

Lower Court: Sixth Circuit
Docketed: 2018-07-02
Status: Denied
Type: IFP
Response RequestedResponse WaivedRelisted (2)IFP
Tags: aedpa cumulative-error due-process habeas-corpus judicial-bias judicial-misconduct offutt-v-united-states sixth-circuit standard-of-review state-court-adjudication ungar-v-sarafite
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2019-01-04 (distributed 2 times)
Question Presented (AI Summary)

Whether the Sixth Circuit applied the wrong legal standard in evaluating the petitioner's judicial misconduct claim

Question Presented (OCR Extract)

QUESTIONS PRESENTED I. WHETHER THE SIXTH CIRCUIT, IN LIGHT OF THE CLEARLY ESTABLISHED HOLDINGS OF : OFFUTT V. UNITED STATES, 348 U.S. 11, 13 (1954), AND UNGAR V. SARAFITE, 376 U.S. 575, 586 (1964), ASKED THE WRONG QUESTIONS WHEN IT REASONED THAT, IN ORDER FOR PETITIONER TO OBTAIN HABEAS RELIEF ON HIS JUDICIAL MISCONDUCT CLAIM, PETITIONER HAD TO PROVE THAT HIS TRIAL JUDGE WAS ACTUALLY BIASED? II. WHETHER THIS COURT'S PRECEDENT CLEARLY ESTABLISHES THAT WHERE A PETITIONER _ _ _ -PRESENTS MULTIPLE MISCONDUCT, A REVIEWING COURT MUST CONSIDER THEM COLLECTIVELY TO DETERMINE IF THE JUDGE'S ACTIONS CUMULATIVELY ESTABLISHES THAT HE WAS BIAS? IIL. WHETHER THE SIXTH CIRCUIT'S APPLICATION OF A.E.D.P.A TO PETITIONER'S JUDICIAL BIAS CLAIM CONFLICTS WITH THE CLEARLY ESTABLISHED HOLDINGS OF CASES SUCH AS JOHNSON V. WILLIAMS, 133 S.CT. 1088, 1097, AND YIST V. NUNNEMAKER, 501 U.S. 797, 803 (1991), WHERE THE STATE COURT NEITHER ADJUDICATED THE CLAIM ON THE MERITS, NOR DISPOSED OF IT BY WAY OF SUMMARY OPINION?

Docket Entries

2019-01-07
Petition DENIED.
2018-11-28
DISTRIBUTED for Conference of 1/4/2019.
2018-11-27
Reply of petitioner Quonshay Mason filed. (Distributed)
2018-11-09
Brief of respondent DeWayne Burton, Warden in opposition filed.
2018-09-14
Motion to extend the time to file a response is granted and the time is extended to and including November 9, 2018.
2018-09-12
Motion to extend the time to file a response from October 10, 2018 to November 9, 2018, submitted to The Clerk.
2018-09-10
Response Requested. (Due October 10, 2018)
2018-08-09
DISTRIBUTED for Conference of 9/24/2018.
2018-08-06
Waiver of right of respondent DeWayne Burton, Warden to respond filed.
2018-07-02
Application (18A10) granted by Justice Kagan extending the time to file until May 20, 2018.
2018-05-17
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 1, 2018)
2018-03-21
Application (18A10) to extend the time to file a petition for a writ of certiorari from March 21, 2018 to May 20, 2018, submitted to Justice Kagan.

Attorneys

DeWayne Burton, Warden
Aaron David LindstromMichigan Department of Attorney General, Respondent
Aaron David LindstromMichigan Department of Attorney General, Respondent
Quonshay Mason
Quonshay Douglas-Ricardo Mason — Petitioner
Quonshay Douglas-Ricardo Mason — Petitioner