No. 18-8977

Scott E. Schmidt v. Brian Foster, Warden

Lower Court: Seventh Circuit
Docketed: 2019-04-24
Status: Denied
Type: IFP
IFP Experienced Counsel
Tags: 28-usc-2254 circuit-court-procedure clearly-established-federal-law clearly-established-law federal-habeas federal-review habeas-corpus statutory-interpretation summary-reversal supreme-court-review unreasonable-application wilson-v-sellers
Key Terms:
HabeasCorpus
Latest Conference: 2019-10-01
Question Presented (AI Summary)

Whether this Court should summarily reverse or, at a minimum, grant certiorari, vacate, and remand in light of Wilson v. Sellers

Question Presented (from Petition)

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)

Docket Entries

2019-10-07
Petition DENIED.
2019-07-11
DISTRIBUTED for Conference of 10/1/2019.
2019-07-10
Reply of petitioner Scott Schmidt filed.
2019-06-24
Brief of respondent Brian Foster, Warden in opposition filed.
2019-05-16
Motion to extend the time to file a response is granted and the time is extended to and including June 24, 2019.
2019-05-14
Motion to extend the time to file a response from May 24, 2019 to June 24, 2019, submitted to The Clerk.
2019-04-19
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 24, 2019)
2019-02-28
Application (18A886) to extend the time to file a petition for a writ of certiorari from March 20, 2019 to April 19, 2019, submitted to Justice Kavanaugh.
2019-02-28
Application (18A886) granted by Justice Kavanaugh extending the time to file until April 19, 2019.

Attorneys

Brian Foster, Warden
Sarah Lynn BurgundyWisconsin Department of Justice, Respondent
Sarah Lynn BurgundyWisconsin Department of Justice, Respondent
Sarah L. BurgundyWisconsin Department of Justice, Respondent
Sarah L. BurgundyWisconsin Department of Justice, Respondent
Scott Schmidt
Robert N. HochmanSidley Austin, LLP, Petitioner
Robert N. HochmanSidley Austin, LLP, Petitioner