No. 18-5769

Edward Smith v. LaShann Eppinger, Warden

Lower Court: Sixth Circuit
Docketed: 2018-08-28
Status: Denied
Type: IFP
Response WaivedIFP
Tags: affidavit-of-indigence anti-terrorism-and-effective-death-penalty-act antiterrorism-and-effective-death-penalty-act civil-rights due-process habeas-corpus in-forma-pauperis ineffective-assistance-of-counsel motion-to-proceed rule-60(b) sixth-amendment sixth-circuit standard-of-review standing
Key Terms:
HabeasCorpus Punishment
Latest Conference: 2018-10-12
Question Presented (AI Summary)

Whether the Sixth Circuit erred in denying petitioner's habeas corpus petition challenging his conviction and sentence under the Antiterrorism and Effective Death Penalty Act (AEDPA)

Question Presented (OCR Extract)

No question identified. : No. 18IN THE SUPREME COURT OF THE UNITED STATES EDWARD SMITH, Petitioner, Vv. LaSHANN EPPINGER, Warden, Respondent. MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS Petitioner Edward Smith respectfully asks leave to file his petition for writ of certiorari without prepayment of costs and to proceed in forma pauperis. Mr. Smith encloses his affidavit of indigence in support of this motion. Dated: 22 August 2018 /s/ Jeffrey M. Brandt Jeffrey M. Brandt ROBINSON & BRANDT, P.S.C. 629 Main Street Suite B Covington, KY 41011 (859) 581-7 voice Counsel for Petitioner A IN SUPPORT OF gemign FOR User seen T . Biel O PROCEED IN FORMA PAUPERIS motion to proceed 7% : dk, Lalaia tae ny nolon prove sf = a Die ne in the above-entitled case. or to give ri iT below mati security therefor; oy bation t coo . x; and I believe I am entitl 1 oe . For both you and your spo i — ce Pe a estimate the average amo te fling sores dt ee the set 12 months oe of money received fro amounts, that is, am ry, semiannually, or ann " how the monthly. Ya vee , amounts before any deduction for i re oa " s for taxes or otherwise. y rate, Use gross erage monthly amo! | ' ; ee een nt during Amount expected : next month snsomen ou Spouse You Self-employment is . <a Soo $ io" $ ett ° OF ' Income from real property "ov sash _ on on (such as rental inco : : a per $. Mot $ ii ww Interest and dividends "0" a =e — gO" $ Non “ $ iow me $ old ii} : : hl $ now $ now ~~ Chi hild Support go" gO" a “a Retirement (su i wesc 0" oe “a etreme (such a sctat $ Non § non g__"'o" annuities, insurance) ~ ~ Disability (such lity ( as social "oO" securit ® : y, insurance payments) = Mion a Unemployment payments "0" pt on ublic-assistance vio a (such as welfare) a —_ Ss , , Mor $ ayytt $ Lh] Other (specify); State Yo $_ 20.00 : P. fy); State Pay g 20.00 = g¢ "oO" $20.00 g_ "oO" otal mon i ——— 7 thly income: $ 20.00 = $_"'o" 0 $20.00 $ "oO" | | 2. List your employment history for the past two years, most recent first. (Gross monthly pay is before taxes or other deductions.) Employer Address Dates of Gross monthly pay. . Employment "y/A" "N/A" uN/AU $ No _ aa os a $e ee oe a $e 8. List your spouse’s employment history for the past two years, most recent employer first. (Gross monthly pay is before taxes or other deductions.) Employer Address Dates of Gross monthly pay 7 Employment ___ N/A" N/A" "N/A" §_tgt a ee et $o ee ee a $o 4, How much cash do you and your spouse have? $0. Below, state any money you or your spouse have in bank accounts or in any other financial institution. Financial institution Type of account Amount you have Amount your spouse has N/A" NYA" G_OM G§ a ee ae See a | 5, List the assets, and their values, which you own or your spouse owns. Do not list clothing and ordinary household furnishings. LU Home (] Other real estate Value ‘N/a" Value ___"'N/a"' (Motor Vehicle #1 Myatt (1 Motor Vehicle #2 Year, make & model N/A Year, make & model ___''N/A" " Value N/AN Value "N/A" UJ Other assets Sescopaiti Deseription __"'N/A’ oo Value . | You Your spouse . : : ° Wott How Transportation (not including motor vehicle payments) gO gO Recreation, entertainment, newspapers, magazines, etc. g "ON g "ON Insurance (not deducted from wages or included in mortgage payments) Homeowner’s or renter’s gO" gO Life go" gO Health go" gO Motor Vehicle gO" gO Other; gO" gg ON Taxes (not deducted from wages or included in mortgage payments) (specify), — g "oh gO Installment payments Motor Vehicle gO" gO Credit card(s) go" gM Department store(s) go" gM Other: go" gg OM Alimony, maintenance, and support paid to others $ "or $. "to" Regular expenses for operation of business, profession, non Nat or farm (attach detailed statement) $ 0) $ o" Other (specify): hygiene, postage, & _ $ _20.00/mo $ "o" legal copies Total monthly expenses: $ _20.00/mo $ "or | | 6, State every person, business, or organization owing you or your spouse money, and the amount owed. Person owing you or Amount o

Docket Entries

2018-10-15
Petition DENIED.
2018-09-27
DISTRIBUTED for Conference of 10/12/2018.
2018-09-25
Waiver of right of respondent Warden, LeShann Eppinger to respond filed.
2018-08-22
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 27, 2018)

Attorneys

Edward Smith
Jeffrey Michael BrandtRobinson & Brandt, P.S.C., Petitioner
Warden, LeShann Eppinger
Eric E. MurphyOhio State Solicitor, Respondent