No. 18-9468
Melvin Bonnell v. Tim Shoop, Warden
IFP
Tags: 28-usc-2244 capital-conviction capital-punishment federal-habeas habeas-corpus jurisdiction jurisdictional-defect magwood-v-patterson nunc-pro-tunc second-or-successive statutory-interpretation
Key Terms:
DueProcess HabeasCorpus
DueProcess HabeasCorpus
Latest Conference:
2019-10-01
Question Presented (AI Summary)
Whether a state court's nunc pro tunc judgment cures a jurisdictional defect in a capital defendant's conviction, and whether the first federal habeas petition challenging the constitutionality of such judgment is 'second or successive' under 28 U.S.C. 2244(b)
Question Presented (from Petition)
QUESTION PRESENTED Whether, when a state court enters a nunc pro tunc judgment to attempt to cure a jurisdictional defect in a capital defendant’s conviction, the first federal habeas petition challenging the constitutionality of such judgment is “second or successive” within the meaning of 28 U.S.C. 2244(b) as interpreted by Magwood v. Patterson, 561 U.S. 320 (2010)? i
Docket Entries
2019-10-07
Petition DENIED.
2019-08-22
DISTRIBUTED for Conference of 10/1/2019.
2019-08-21
Reply of petitioner Melvin Bonnell filed. (Distributed)
2019-08-08
Brief of respondent Tim Shoop in opposition filed.
2019-07-17
Motion to extend the time to file a response is granted and the time is further extended to and including August 28, 2019.
2019-07-15
Motion to extend the time to file a response from July 29, 2019 to August 28, 2019, submitted to The Clerk.
2019-06-05
Motion to extend the time to file a response is granted and the time is extended to and including July 29, 2019.
2019-05-31
Motion to extend the time to file a response from June 28, 2019 to July 29, 2019, submitted to The Clerk.
2019-05-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 28, 2019)
Attorneys
Melvin Bonnell
Laurence Edward Komp — Federal Public Defender, Petitioner
Laurence Edward Komp — Federal Public Defender, Petitioner
Tim Shoop
Benjamin Michael Flowers — Ohio Attorney General Dave Yost, Respondent
Benjamin Michael Flowers — Ohio Attorney General Dave Yost, Respondent