No. 18-9059

Geary Gilmore v. Shirlee Harry, Warden

Lower Court: Sixth Circuit
Docketed: 2019-05-01
Status: Denied
Type: IFP
Response WaivedIFP
Tags: certificate-of-appealability constitutional-review due-process habeas-corpus judicial-procedure merits-adjudication sixth-circuit standard-of-review supervisory-power
Key Terms:
DueProcess FifthAmendment HabeasCorpus Punishment
Latest Conference: 2019-10-01
Question Presented (AI Summary)

Whether the United States Court of Appeals for the Sixth Circuit violated the procedure prescribed by 28 U.S.C. § 2253(c)(2) and imposed an improper burden on Gilmore at the certificate of appealability stage contrary to this Court's precedents

Question Presented (OCR Extract)

QUESTIONS PRESENTED | L___. Whether The United States Court Of Appeals For The Sixth Circuit Violated : The Procedure Prescribed By 28 U.S.C. § 2253(c)(2) And Imposed An Improper Burden On Gilmore At The Certificate Of Appealability Stage Contrary To This Court's Precedents When It First Decided The Merits Of His Appeal, Adjudication Of The Actual Merits? — ‘ : im Whether The United States District Court And The United States Court Of ‘ Appeals For The Sixth Circuit Violated Article VI, Clause 2 Of The United . ; . States Constitution When They Decided Gilmore's Fifth Amendment Claim. Based Solely On State Law Grounds And Completely Ignored The Firmly OL Whether The State Court Decision Rejecting Gilmore's Ineffective Assistance Of Appellate Counsel Claim Was Based On An Unreasonable Determination Of The : Facts Under 28 U.S.C. § 2254(d)(2), When The Successor Trial Judge, Without Reading The Record Or Giving Notice To The State Or Defense Counsel, Sua Sponte Acquired The Prosecutor's Brief In Opposition To A Prior Motion And Adopted Verbatim The Arguments Therein As The Court's Decision?

Docket Entries

2019-10-07
Petition DENIED.
2019-06-13
DISTRIBUTED for Conference of 10/1/2019.
2019-06-05
Waiver of right of respondent Shirlee Harry, Warden to respond filed.
2018-03-08
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 31, 2019)
2018-02-28
Application (17A915) granted by Justice Kagan extending the time to file until March 17, 2018.
2017-12-28
Application (17A915) to extend the time to file a petition for a writ of certiorari from January 16, 2018 to March 17, 2018, submitted to Justice Kagan.

Attorneys

Geary Gilmore
Geary Gilmore — Petitioner
Shirlee Harry, Warden
Fadwa A. HammoudMichigan Department of Attorney General, Respondent