No. 18-9372

Quisi Bryan v. Tim Shoop, Warden

Lower Court: Sixth Circuit
Docketed: 2019-05-21
Status: Denied
Type: IFP
IFP
Tags: aedpa constitutional-interpretation federal-constitutional-law federal-review federalism habeas-corpus panetti-v-quarterman procedural-bar retroactive-law retroactivity state-court
Latest Conference: 2019-10-01
Question Presented (from Petition)

Whether 28 U.S.C. § 2244 prevents a federal habeas court from reviewing a state court's voluntary and independent retroactive application of a new rule of federal constitutional law in order to ensure the uniform interpretation of federal constitutional law across all states?

II. Whether Bryan's Hurst claim became newly-ripened within the meaning of Panetti v. Quarterman, 551 U.S. 930 (2007), and Stewart v. Martinez-Villareal, 523 U.S. 637 (1998), thereby permitting federal habeas review of the claim in a second-in-time first habeas petition, when the state of Ohio retroactively applied a new rule of constitutional law to Bryan's case giving him his first opportunity to litigate and exhaust the claim in state court?

Question Presented (AI Summary)

Whether 28 U.S.C. § 2244 prevents a federal habeas court from reviewing a state court's voluntary and independent retroactive application of a new rule of federal constitutional law in order to ensure the uniform interpretation of federal constitutional law across all states?

Docket Entries

2019-10-07
Petition DENIED.
2019-08-02
Reply of petitioner Quisi Bryan filed. (Distributed)
2019-08-01
DISTRIBUTED for Conference of 10/1/2019.
2019-07-17
Brief of respondent Tim Warden, Shoop in opposition filed.
2019-05-31
Motion to extend the time to file a response is granted and the time is extended to and including July 22, 2019.
2019-05-24
Motion to extend the time to file a response from June 20, 2019 to July 22, 2019, submitted to The Clerk.
2019-05-17
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 20, 2019)

Attorneys

Quisi Bryan
Alan Curtis RossmanOffice of the Federal Public Defenders, Petitioner
Tim Warden, Shoop
Benjamin Michael FlowersOhio Attorney General Dave Yost, Respondent