No. 18-9228

David D. Ewing v. Ronda Pash, Warden

Lower Court: Eighth Circuit
Docketed: 2019-05-13
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appellate-review claims-barred due-process exhaustion-of-remedies federal-review habeas-corpus ineffective-assistance judicial-admission merits-consideration procedural-default self-defense state-court-appellate state-court-proceedings
Key Terms:
DueProcess HabeasCorpus JusticiabilityDoctri
Latest Conference: 2019-06-06
Question Presented (AI Summary)

Whether a petitioner's claims are barred from federal review when the underlying claims have been considered on the merits during state court appellate proceedings?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Whether a petitioner's claims are barred from federal review when the underlying claims have been considered on the merits during state court appellate proceedings? 2. Whether a State Appellate Court's holding that an instructional error was not trial court error, but ineffectiveness of trial counsel, a “judicial admission" sufficient for the purposes of a claim of ineffective assistance of trial counsel? 3. Whether an instruction requiring a petitioner to prove that he was in "imminent" danger from not one person, but both assailant's to justify self-defense constitutionally sound? 4. Whether a rationale trier of fact could have found the required elements of both murder and assault, when viewed in the light most favorable to the prosecution, when the prosecutions own evidence pointed to self-defense? 4a

Docket Entries

2019-06-10
Petition DENIED.
2019-05-22
DISTRIBUTED for Conference of 6/6/2019.
2019-05-15
Waiver of right of respondent Ronda Pash, Warden to respond filed.
2019-05-06
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 12, 2019)

Attorneys

David D. Ewing
David D. Ewing — Petitioner
David D. Ewing — Petitioner
Ronda Pash, Warden
Julie Marie BlakeMissouri Attorney General's Office, Respondent
Julie Marie BlakeMissouri Attorney General's Office, Respondent