No. 18-8236

Robert L. Bianchi v. Sean Medeiros, Superintendent, Massachusetts Correctional Institution at Norfolk

Lower Court: First Circuit
Docketed: 2019-03-04
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 10th-amendment 28-usc-2244(d)(2) civil-procedure due-process federal-court federal-procedure filing-requirements habeas-corpus mass-rule-25(b)(2) motion-for-new-trial motion-for-reduction-in-verdict new-trial state-court state-court-requirements statutory-interpretation
Key Terms:
HabeasCorpus
Latest Conference: 2019-04-18
Question Presented (AI Summary)

Whether the United States District Court/United States Court of Appeals violated the 10th Amendments of the United States Constitution when they created a new state court requirement for proper filing in order to dismiss the petitioner's habeas petition?

Question Presented (from Petition)

QUESTION(S) PRESENTED Whether the United States District Court/United States Court of Appeals violated the 10th Amendments of:ithe United States Constitution when they created a new state court requirement for proper filing in order to dismiss the petitioner's habeas petition? Whether the United States District Court/United States Court of Appeals erred when they concluded that the petitioner's Mass. Rule 25(b)(2) Motion for Reduction innVerdict or New Trial was not properly filed because they required it to identify grounds for the appeal? Whether the United States District Court/United States Court of Appeals erred in not determining that the petitioner's Mass. Rule 25(b)(2) was an appropriate vehicle for tolling the statutes under 28 U.S.C. §2244(d)(2),

Docket Entries

2019-04-22
Petition DENIED.
2019-04-03
DISTRIBUTED for Conference of 4/18/2019.
2019-03-19
Waiver of right of respondent Sean Mediros to respond filed.
2018-12-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 3, 2019)

Attorneys

Robert L. Bianchi
Robert Bianchi — Petitioner
Robert Bianchi — Petitioner
Sean Mediros
Maria GranikMassachusetts Attorney General's Office, Respondent
Maria GranikMassachusetts Attorney General's Office, Respondent