No. 18-5598

John J. Moore, Jr. v. Michael Stephan, Warden

Lower Court: Fourth Circuit
Docketed: 2018-08-16
Status: Denied
Type: IFP
Response WaivedIFP
Tags: constitutional-rights due-process evidentiary-rule evidentiary-rules fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel pcr-hearing post-conviction-relief presumption-of-correctness sixth-amendment
Key Terms:
DueProcess
Latest Conference: 2018-09-24
Question Presented (AI Summary)

Whether the State Court's determination of factual issues is presumed correct or should have been presumed correct, and whether Petitioner sustained his burden of overcoming this presumption by clear and convincing evidence which outlined clearly, ineffective assistance of counsel

Question Presented (OCR Extract)

QUESTION(S) PRESENTED 1. Whether the State Court's determination of factual issues is . or should have been presumed correct. And whether Petitioner sustained his burden of overcoming this presumption by clear and con: vincing evidence which outlined clearly, ineffective assistance of counsel? 2. Whether based on ineffective assistance of counsel, in violation of Petitioner's Sixth and .Fourteenth Amendment rights. Could he have received any semblance of a fair trial? ; 3. Finally, in light of Holmes v. South Carolina, 547 U.S. 319, 324 (2006), whether the State of South Carolina institute yet another evidentiary rule during the PCR hearing, to prevent the applicant from presenting a ‘complete PCR case'?

Docket Entries

2018-10-01
Petition DENIED.
2018-08-30
DISTRIBUTED for Conference of 9/24/2018.
2018-08-21
Waiver of right of respondent Bush, Warden to respond filed.
2018-03-27
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 17, 2018)

Attorneys

Bush, Warden
Susannah Rawl ColeSouth Carolina Office of the Attorney General, Respondent
Susannah Rawl ColeSouth Carolina Office of the Attorney General, Respondent
Moore, John J.
John J. Moore — Petitioner
John J. Moore — Petitioner