No. 18-5880

Virginia S. Caudill v. Janet Conover, Warden

Lower Court: Sixth Circuit
Docketed: 2018-09-05
Status: Denied
Type: IFP
IFP
Tags: batson-challenge batson-v-kentucky circumstantial-evidence civil-rights due-process equal-protection habeas-corpus ineffective-assistance jury-selection peremptory-challenges prosecutorial-discrimination racial-discrimination sixth-amendment standing
Key Terms:
DueProcess HabeasCorpus Punishment
Latest Conference: 2019-01-04
Question Presented (AI Summary)

whether-the-state-court-ruled-contrary-to-or-unreasonably-applied-batson

Question Presented (OCR Extract)

question presented is whether the state court ruled contrary to or unreasonably applied Batson where, after Petitioner challenged the striking of eight white male jurors, the trial court expressed disbelief that white males are a “protected class” and immediately denied the challenges without conducting any inquiry into the credibility of the prosecutor’s reasons for the strikes. I. Where a habeas petitioner shows that trial counsel met with critical mitigation witnesses for the first time on the day of their testimony, spent only minutes to prepare them to testify, and did not meet with or even speak to an expert witness whose testimony trial counsel decided not to offer, were counsel’s decisions to limit the mitigation investigation supported by reasonable professional judgments as required under Strickland v. Washington? III. Whether the Sixth Circuit erred in denying Caudill a certificate of appealability on her claim that the prosecution violated Brady v. Maryland, 373 U.S. 83 (1963), by failing to disclose the terms of a plea deal for an important witness. -i

Docket Entries

2019-01-07
Petition DENIED.
2018-12-06
DISTRIBUTED for Conference of 1/4/2019.
2018-11-19
Reply of petitioner Virginia Caudill filed.
2018-11-05
Brief of respondent Janet Conover in opposition filed.
2018-10-18
Motion to extend the time to file a response is granted and the time is extended to and including November 5, 2018.
2018-10-04
Motion to extend the time to file a response from October 5, 2018 to November 5, 2018, submitted to The Clerk.
2018-08-30
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 5, 2018)
2018-06-21
Application (17A1392) granted by Justice Kagan extending the time to file until August 30, 2018.
2018-06-18
Application (17A1392) to extend the time to file a petition for a writ of certiorari from July 1, 2018 to August 30, 2018, submitted to Justice Kagan.

Attorneys

Janet Conover
Matthew Robert KrygielKentucky Office of the Attorney General, Respondent
Matthew Robert KrygielKentucky Office of the Attorney General, Respondent
Virginia Caudill
Dennis James BurkeCommonwealth of Kentucky, Department of Public Adv, Petitioner
Dennis James BurkeCommonwealth of Kentucky, Department of Public Adv, Petitioner