No. 18-6753
Jesse Mendez v. Gary Swarthout, Warden, et al.
Response WaivedIFP
Tags: 28-usc-2254 28-usc-2255 district-court federal-review habeas-corpus habeas-petition harrington-v-richter judicial-deference reasoned-decision state-appellate-court state-court state-court-decision statutory-interpretation
Key Terms:
DueProcess HabeasCorpus
DueProcess HabeasCorpus
Latest Conference:
2019-01-04
Question Presented (AI Summary)
When a state court denied a habeas claim without a reasoned decision, can the district court reject the state appellate court's clear statement that if it was presented with the circumstances in the 28 U.S.C. § 2255 petition it would have granted relief?
Question Presented (from Petition)
QUESTIONS PRESENTED When a state court denied a habeas claim without a reasoned decision, in assessing whether “there was no reasonable basis for the state court to deny relief’ under Harrington v. Richter, 562 U.S. 86, 98 (2011), can the district court reject the state appellate court’s clear statement that if it was presented with the circumstances in the 28 U'S.C. § 2255 petition it would have granted relief? i
Docket Entries
2019-01-07
Petition DENIED.
2018-12-06
DISTRIBUTED for Conference of 1/4/2019.
2018-11-30
Waiver of right of respondent Gary Swarthout to respond filed.
2018-11-13
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 20, 2018)
Attorneys
Vicki Marolt Buchanan PC
Vicki Marolt Buchanan — Vicki Marolt Buchanan PC, Petitioner
Vicki Marolt Buchanan — Vicki Marolt Buchanan PC, Petitioner