No. 18-5796

Ray Jefferson Cromartie v. Eric Sellers, Warden

Lower Court: Eleventh Circuit
Docketed: 2018-08-28
Status: Denied
Type: IFP
IFP
Tags: appellate-procedure brady-v-maryland certificate-of-appealability circuit-split court-of-appeals exculpatory-evidence exculpatory-information habeas-corpus judicial-review procedural-standard reasonable-diligence
Key Terms:
DueProcess HabeasCorpus Punishment Securities JusticiabilityDoctri
Latest Conference: 2018-11-30
Question Presented (AI Summary)

Where must a court of appeals grant a certificate of appealability in a habeas corpus action where at least one judge votes in its favor?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Where multiple judges of a court of appeals consider an application for a certificate of appealability in a habeas corpus action, must the court grant the application where at least one judge votes in its favor, as the Third, Fourth, Sixth, Seventh, and Ninth Circuits prescribe, or may a divided court of appeals deny such an application, as the Eleventh Circuit did here and as is also permitted in the Second, Fifth, and Eighth Circuits? 2. Whether the rule of Brady v. Maryland, 373 U.S. 83, 87 (1963), contains a requirement that criminal defendants exercise reasonable diligence in attempting to obtain material, exculpatory information being withheld by the prosecution? i

Docket Entries

2018-12-03
Petition DENIED.
2018-11-14
DISTRIBUTED for Conference of 11/30/2018.
2018-11-09
Reply of petitioner Ray Jefferson Cromartie filed. (Distributed)
2018-10-26
Brief of respondent Eric Sellers, 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 October 26, 2018.
2018-09-10
Motion to extend the time to file a response from September 27, 2018 to October 26, 2018, submitted to The Clerk.
2018-08-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 27, 2018)
2018-06-15
Application (17A1370) granted by Justice Thomas extending the time to file until August 23, 2018.
2018-06-11
Application (17A1370) to extend the time to file a petition for a writ of certiorari from June 24, 2018 to August 23, 2018, submitted to Justice Thomas.

Attorneys

Eric Sellers, Warden
Sabrina D. GrahamSenior Assistant Attorney General, Respondent
Sabrina D. GrahamSenior Assistant Attorney General, Respondent
Ray Jefferson Cromartie
Loren Dougherty StewartFederal Community Defender Office, Capital Habeas Unit, Petitioner
Loren Dougherty StewartFederal Community Defender Office, Capital Habeas Unit, Petitioner