Scott E. Schmidt v. Brian Foster, Warden
HabeasCorpus
Whether this Court should summarily reverse or, at a minimum, grant certiorari, vacate, and remand in light of Wilson v. Sellers
QUESTIONS PRESENTED 1. Whether this Court should summarily reverse or, at a minimum, grant certiorari, vacate, and remand in light of Wilson v. Sellers, 138 S. Ct. 1188 (2018), where the Seventh Circuit expressly declined to decide whether the state court’s actual reason for denying relief was an “unreasonable application of clearly established federal law” under 28 U.S.C. § 2254(d), and instead applied deference to a hypothetical reason that the state court had not adopted. 2. Whether factual anomalies surrounding a violation of clearly established federal law render federal habeas relief unavailable under 28 U.S.C. § 2254(d) because no prior Supreme Court decision has addressed the same bizarre facts. (i)