No. 18-6381

William B. Crockett, III v. Richard Brown, Superintendent, Wabash Valley Correctional Facility

Lower Court: Seventh Circuit
Docketed: 2018-10-18
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 28-usc-2253 appellate-procedure certificate-of-appealability constitutional-rights due-process habeas-corpus judicial-review standard-of-review threshold-inquiry
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2018-12-07
Question Presented (AI Summary)

Whether a court of appeals' unreasoned, one-page order summarily denying a certificate of appealability conflicts with relevant decisions of this Court requiring a limited threshold inquiry that is separate from and less burdensome than an ultimate merits determination

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Whether a court of appeals’ unreasoned, one-page order summarily denying a certificate of appealability, while citing the relevant statute but not the relevant precedent of this Court holding that a certificate of appealability must issue if jurists of reason could debate that habeas corpus relief should be denied, and relying solely on the reasoning of the final order of the district court, which in turn relied solely on “the reasons explained in this opinion for denying habeas corpus relief” to explain its denial of a certificate of appealability, conflicts with relevant decisions of this Court requiring a limited threshold inquiry that is separate from and less burdensome than an ultimate merits determination, and that asks only if the district court’s decision was “debatable.” Buck v. Davis, 137 S.Ct. 759, 773-75 (2017). 2. Whether the United States Court of Appeals for the Seventh Circuit misapplied, even if it properly stated, the stricture of 28 U.S.C. § 2253(c)(2) that a certificate of appealability may issue “only if the applicant has made a substantial showing of the denial of a constitutional right,” when it found no substantial showing of the denial of a constitutional right.

Docket Entries

2018-12-10
Petition DENIED.
2018-11-21
DISTRIBUTED for Conference of 12/7/2018.
2018-11-14
Waiver of right of respondent Richard Brown, Supt. Wabash Valley to respond filed.
2018-10-15
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 19, 2018)
2018-08-06
Application (18A139) granted by Justice Kagan extending the time to file until October 15, 2018.
2018-08-02
Application (18A139) to extend the time to file a petition for a writ of certiorari from August 16, 2018 to October 15, 2018, submitted to Justice Kagan.

Attorneys

Richard Brown, Supt. Wabash Valley
Stephen Richard Creason — Respondent
William B. Crockett, III
John Alan KindleySolo Practitioner, Petitioner