No. 18-6085

Gerald Daniels v. Janet Dowling, Warden

Lower Court: Tenth Circuit
Docketed: 2018-09-24
Status: Denied
Type: IFP
IFP
Tags: constitutional-issue constitutional-law constitutional-review equal-protection evasion federal-court federal-courts habeas-corpus race-discrimination state-court state-law state-law-interpretation
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2018-11-30
Question Presented (AI Summary)

Whether a federal habeas court may reexamine a state court's interpretation of state law when it is an obvious subterfuge to evade consideration of a constitutional issue?

Question Presented (OCR Extract)

QUESTIONS PRESENTED a ‘ of. WHETHER A FEDERAL HABEAS COURT MAY REEXAMINE A STATE COURT'S INTERPRETATION : >” OF STATE LAW WHEN IT IS AN OBVIOUS SUBTERFUGE TO EVADE CONSIDERATION OF A CONSTITUTIONAL ISSUE? THE COURT OF APPEALS REFUSAL TO DO SO IS IN CONFLICT : WITH THE DECISION OF THIS COURT. B. WHETHER A PRISONER ASSERTING AN EQUAL PROTECTION VIOLATION BASED ON RACE HAS TO PROVE HE WAS SIMILARLY SITUATED TO THE INDIVIDUAL IN QUESTION TO PREVAIL ON AN EQUAL PROTECTION CLAIM? THE COURT OF APPEALS DECISION THAT HE DOES IS IN CONFLICT WITH THE DECISION OF THIS COURT. . A (@. be wo. PARTIES ‘ ae * There are no

Docket Entries

2018-12-03
Petition DENIED.
2018-11-08
DISTRIBUTED for Conference of 11/30/2018.
2018-06-26
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 24, 2018)

Attorneys

Gerald Daniels
Gerald Daniels — Petitioner
Gerald Daniels — Petitioner