No. 18-8680

George Rahsaan Brooks v. Tom McGinley, Superintendent, State Correctional Institution at Coal Township

Lower Court: Third Circuit
Docketed: 2019-04-03
Status: Dismissed
Type: IFP
IFP
Tags: actual-innocence aedpa aedpa-standard certificate-of-appealability constitutional-claims habeas-corpus ineffective-assistance ineffective-assistance-of-counsel retroactive-precedent retroactivity rule-60(b) rule-60b subject-matter-jurisdiction
Key Terms:
DueProcess FifthAmendment HabeasCorpus CriminalProcedure Punishment JusticiabilityDoctri
Latest Conference: 2019-05-30
Question Presented (AI Summary)

Whether the decision of McQuiggin v. Perkins applies retroactively

Question Presented (from Petition)

QUESTIONS PRESENTED 1, WHETHER THE DECISION OF MCQUIGGIN V. PERKINS, 133 S.Ct. 1924 (2013) APPLIES RETROACTIVELY BECAUSE IT CHANGED DECISIONAL LAW AND WHETHER THE DECISION IN BUCK V. DAVIS, 137 S.Ct. 759 (2017) APPLIES RETROACTIVELY BECAUSE IT CHANGED DECISIONAL LAW AS IT RELATES TO ARGUING INEFFECTIVE ASSISTANCE OF COUNSEL IN RULE 60(b) CASES? . 2. DID PETITIONER SATISFY THE COA STANDARD BY DEMONSTRATING THAT JURIS COULD DISAGREE WITH DISTRICT COURT’S RESOLUTION ; THAT RULE 60(b) MOTION CONSTITUTED SECOND OR SUCCESSIVE § 2254 PETITION OVER WHICH THE COURT LACKED SUBJECT MATTER JURISDICTION? 3. SHOULD RULE 60(b) MOTIONS BE DENIED BECAUSE OF THE LENGTH OF TIME THAT PASSED BETWEEN THE TIME JUDGMENT WAS ENTERED AND THE TIME THE RULE 60(b) MOTION WAS FILED? Te UNDER AEDPA’S STANDARD FOR COA, WHEN PETITIONER SOUGHT PERMISSION TO INITIATE APPELLATE REVIEW OF DISTRICT COURT’S DENIAL OF RULE 60(b) MOTION, SHOULD EXAMINATION BE LIMITED TO A JURISDICTIONAL STATUTE, OR SHOULD THERE HAD BEEN A THRESHOLD INQUIRY INTO PETITIONER’S SUBSTANTIAL CONSTITUTIONAL AND ACTUAL INNOCENCE CLAIMS? ; t : \

Docket Entries

2019-06-03
The motion for leave to proceed in forma pauperis is denied, and the petition for a writ of certiorari is dismissed. See Rule 39.8.
2019-05-15
DISTRIBUTED for Conference of 5/30/2019.
2019-03-29
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 3, 2019)
2019-03-18
Application (18A932) granted by Justice Alito extending the time to file until April 29, 2019.
2019-02-07
Application (18A932) to extend the time to file a petition for a writ of certiorari from February 28, 2019 to April 29, 2019, submitted to Justice Alito.

Attorneys

George R. Brooks
George R. Brooks — Petitioner
George R. Brooks — Petitioner