No. 18-7396

Alonzo Fishback v. Mike Parris, Warden

Lower Court: Sixth Circuit
Docketed: 2019-01-14
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: aedpa credibility credibility-of-counsel deference-to-state-court due-process federal-review federal-review-of-state-court-findings habeas-corpus ineffective-assistance-of-counsel mandatory-minimum-sentencing sixth-amendment state-post-conviction state-post-conviction-review
Key Terms:
HabeasCorpus
Latest Conference: 2019-03-15
Question Presented (AI Summary)

Whether the federal court must accept that trial counsel's performance was adequate simply because trial counsel testified his performance was adequate and the state post-conviction court found counsel to be credible

Question Presented (OCR Extract)

QUESTION PRESENTED The Anti-Terrorism and Effective Death Penalty Act (AEDPA) requires a federal habeas corpus court to give substantial deference to the findings and conclusions of a state court that has reviewed a post-conviction petitioner’s claim of ineffective assistance of counsel. Must the federal court, however, accept that trial counsel’s performance was adequate simply because trial counsel testified his performance was adequate and the state post-conviction court found counsel to be credible? i

Docket Entries

2019-03-18
Petition DENIED.
2019-02-28
DISTRIBUTED for Conference of 3/15/2019.
2019-02-13
Waiver of right of respondent Mike Parris, Warden to respond filed.
2019-01-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 13, 2019)

Attorneys

Alonzo Fishback
Michael Clark HolleyOffice of the Federal Public Defender, Petitioner
Michael Clark HolleyOffice of the Federal Public Defender, Petitioner
Mike Parris, Warden
Richard D. DouglasState of Tennessee Attorney General, Respondent
Richard D. DouglasState of Tennessee Attorney General, Respondent