No. 19-1174

John W. Kimbrough v. Ron Neal, Superintendent, Indiana State Prison

Lower Court: Seventh Circuit
Docketed: 2020-03-26
Status: Denied
Type: Paid
Response Waived
Tags: appellate-review federal-law habeas-corpus ineffective-assistance ineffective-assistance-of-counsel sentencing sentencing-relief strickland-standard strickland-v-washington
Key Terms:
HabeasCorpus
Latest Conference: 2020-04-24
Question Presented (AI Summary)

Is it an unreasonable application of federal law to hold, for Strickland purposes, that there was no reasonable probability that the state's appellate court would have granted sentencing relief if asked, when the same appellate court, as a historical fact, actually granted sentencing relief without being asked?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Is it an unreasonable application of federal law to hold, for Strickland purposes, that there was no reasonable probability that the state’s appellate court would have granted sentencing relief if asked, when the same appellate court, as a historical fact, actually granted sentencing relief without being asked? 2. In reversing the district court’s grant of habeas relief, did the Seventh Circuit misidentify the state appellate court’s decision as one “not based on federal law,” although that state decision explicitly—though Strickland by concluding that there was no reasonable probability that the state’s appellate court would have granted sentencing relief if asked, when that same appellate court actually granted sentencing relief without even being asked?

Docket Entries

2020-04-27
Petition DENIED.
2020-04-08
DISTRIBUTED for Conference of 4/24/2020.
2020-04-06
Waiver of right of respondent Ron Neal to respond filed.
2020-03-23
Petition for a writ of certiorari filed. (Response due April 27, 2020)
2020-01-16
Application (19A803) granted by Justice Kavanaugh extending the time to file until March 22, 2020.
2020-01-11
Application (19A803) to extend the time to file a petition for a writ of certiorari from January 22, 2020 to March 22, 2020, submitted to Justice Kavanaugh.

Attorneys

John W. Kimbrough, III
Michael Kimble Ausbrook — Petitioner
Ron Neal
Thomas M. Fisher — Respondent