No. 18-9329

Sean M. Barnhill v. United States

Lower Court: Sixth Circuit
Docketed: 2019-05-17
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appellate-standard certificate-of-appealability civil-procedure due-process evidentiary-hearing habeas-corpus judicial-procedure pro-se-petition section-2255 sixth-amendment sixth-circuit-review standard-of-review
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2019-06-20
Question Presented (AI Summary)

Did the Sixth Circuit err by exceeding the scope of the COA analysis

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Did the Sixth Circuit err by exceeding the scope of the COA analysis when it re-adjudicated the merits of pro se petitioner's § 2255, and then denied the COA request after determining that reasonable jurists either "would not disagree" with or "would not debate" the District Court's conclusions? 2. Did the Sixth Circuit create a new rule of law, not supported by statute or this Court's precedent, by requiring evidentiary and/or case law support for a COA request? 3. Did the court circumvent the law by failing to conduct an evidentiary : hearing, preventing the record from being reopened? 4. Should this Court grant Petitioner a Certificate of Appealability? i ;

Docket Entries

2019-06-24
Petition DENIED.
2019-06-05
DISTRIBUTED for Conference of 6/20/2019.
2019-05-28
Waiver of right of respondent United States to respond filed.
2019-05-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 17, 2019)

Attorneys

Sean M. Barnhill
Sean Barnhill — Petitioner
Sean Barnhill — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent