No. 18-5275

Christopher Counts v. Eddie Wilson, Warden, et al.

Lower Court: Tenth Circuit
Docketed: 2018-07-19
Status: Denied
Type: IFP
Response WaivedIFP
Tags: constitutional-issues deference due-process due-process-clause ex-parte federal-court-deference judicial-order retroactive-application state-court-order summary-judgment
Latest Conference: 2018-09-24
Question Presented (from Petition)

1 Does Federal Courtdeferenceto an ex parte Judical Order, adapted from
the Respondents Consolidaded Motion For Summary Judgment, resul incluims
that were nod decided on the merits in volaton of AE DPA and or the Duc
Process Clause?

2.n
amended several Stale Statutos to come into complianec with Unted
Staes Sm Cus pertcitut n
Nvenile offenders. This Actencompassed Stat Stalute Ws 8 6-1O-dol(b
of Wymings Habital Cnminal A. Was i determined by the States.
Lt o th
Act that they delermineel it was crucand unusual and thorefor unconstitutional
to evencd fey coid aajuen whenddinogi smeone
t
a munlatory lie"sentence under that Act?

3.D a ssatcan satsttaetcto
qulifiederconheA t

4. Werc the ssues of Prosecutorial Misconduct presented in the Unted States
District Cour newissues prsented forthe fil me in Federal Court or
were these issucs propery rasecd in the State Distict Court?

5. Mr. Counts presented 23issucs of Proscutorial Msconduct in his State
Post.Conuction Rellk Petitlon, more than l3 of these issves were
undisputer by the Respondent. Should thcUnited States District Court
havconsered thesendsputd ssues, ograntd the Wrt base n a
non-challonge?

6. Should the Unitad States District Court and the Tenth Crcut Court of
Appeals used the standard of revewfor claims not deidedon the ments
Relief Pettion

7.
The Wyoming Supreme Court decided that Ht waserror to deny Mr.
Counts the right to cross-examine and impeach the witness against him,
butwas it hatmless beyond a reasonable doubt to ceny Mr. Counts entire
defnse to show muteriel bias of the victims tostimony thad changed
afshesplayythstate a confdentinran
hs antirc defense rest on ashowing of blas?

8.Should Mr. Countsharbengren CounelunderMartine Ryan to
oprydvphis neci AssinCoon A iue?

:
a. Should Mr. Counts harc receired a fulland furhearing onhis Lth Amendment
Isss ciehy cetin Amendnsss AC?

10.Did the UniedStates Suprome Court abuse t discrcinby not
appointing counsel to Mr Counts under the Criminal lustice Act of 1964,
18USC3006A?

11. Did the Tenth Circut Court of Appeals abuse its discrction by notevcn
responding to Mr. Counts: Motionfor Appontment of Counsel filed on
Febervaryd d0l?

a.a . Coun rhto Access Court eened y be ippe
by the Rospondent and Court in the Virgni PrsonLawLbrary?

Question Presented (AI Summary)

Does federal court deference to an ex parte judicial order violate due process?

Docket Entries

2018-10-01
Petition DENIED.
2018-08-23
DISTRIBUTED for Conference of 9/24/2018.
2018-08-17
Waiver of right of respondents Eddie Wilson, Warden, et al. to respond filed.
2017-12-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 20, 2018)
2017-10-12
Application (17A402) granted by Justice Sotomayor extending the time to file until December 14, 2017.
2017-10-02
Application (17A402) to extend the time to file a petition for a writ of certiorari from October 15, 2017 to December 14, 2017, submitted to Justice Sotomayor.

Attorneys

Christopher Counts
Christopher Counts — Petitioner
Eddie Wilson, Warden, et al.
Christyne Marie MartensOffice of the Wyoming Attorney General, Respondent