No. 18-7149

Mary Danielak v. Shawn Brewer, Warden

Lower Court: Sixth Circuit
Docketed: 2018-12-26
Status: Denied
Type: IFP
IFP
Tags: 28-usc-2254 circuit-split due-process federal-court federal-court-review habeas-review habeas-review-28-usc-2254-d-1 sixth-circuit state-court-opinion statutory-interpretation summary-reversal supreme-court-precedent wilson-v-sellers
Key Terms:
DueProcess HabeasCorpus Securities
Latest Conference: 2019-02-22
Question Presented (AI Summary)

Did the Sixth Circuit err by applying the pre-Wilson 'could-have-reasoned' approach—which blatantly disregarded Wilson and created a split with other Circuits—warranting the grant of this petition or, in the alternative, summary reversal?

Question Presented (OCR Extract)

QUESTION PRESENTED FOR REVIEW In Wilson v. Sellers, 138 S. Ct. 1188 (2018), this Court explicitly stated that a federal court on habeas review must look to the actwal reasoning of the lastreasoned state court opinion, not what the state court could have reasoned under 28 U.S.C. § 2254(d)(1). The Sixth Circuit, in disregard of Wilson’s command, explicitly relied on a new legal theory not included in the relevant state court opinion and affirmed Petitioner Mary Danielak’s conviction on that basis. Did the Sixth Circuit err by applying the preWilson approach—which blatantly disregarded Wilson and created a split with other Circuits—warranting the grant of this petition or, in the alternative, summary reversal? i

Docket Entries

2019-02-25
Petition DENIED.
2019-02-07
DISTRIBUTED for Conference of 2/22/2019.
2018-12-20
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 25, 2019)

Attorneys

Mary Danielak
Melissa Martin SalinasFederal Appellate Litigation Clinic, Petitioner
Melissa Martin SalinasFederal Appellate Litigation Clinic, Petitioner