No. 19-5131

Steven L. Rackley v. Brigham Sloan, Warden

Lower Court: Sixth Circuit
Docketed: 2019-07-10
Status: Denied
Type: IFP
Response WaivedIFP
Tags: actual-innocence constitutional-rights dismissal due-process fifth-amendment fourth-amendment guilty-plea habeas-corpus ineffective-assistance-of-counsel ineffective-counsel involuntary-manslaughter notice post-indictment-delay probable-cause sixth-amendment statute-of-limitations
Key Terms:
DueProcess HabeasCorpus Privacy
Latest Conference: 2019-10-01
Question Presented (AI Summary)

statute-of-limitations

Question Presented (from Petition)

QUESTION(S) PRESENTED 1. The question of whether the District Court properly applied the statue oflimitations to Rackley's habeas petition in Respondent's first order by the District Court to file an answer and brief the merits of Rackley's petition waived his defense on the statue of limitations that was not the primary focus of his dismissal. . 2. The question of whether Rackley should have been given a COA on the lack of notice of the involuntary manslaughter charge that he involuntary plead to. : : . 3. The question of whether the post-indictment delay prejudiced Rackley's : case and caused the illegal arrest without probable cause determination that violated his Fourth and Sixth Amendment Constitutional Rights. a 4, The question of whether Petitioner's Fifth Amendment Right was violated from the direct indictment and the District Court for not conducting . : an evidentiary hearing on his actual innocence claim, and alibi defense. . . 5. The question of whether Petitioner's guilty plea was knowingly and voluntary and counsel's ineffectiveness for not telling Petitioner about his appeal rights, and having a pre-sentence investigation report prepared during the sentencing hearing. ~~

Docket Entries

2019-10-07
Petition DENIED.
2019-08-08
DISTRIBUTED for Conference of 10/1/2019.
2019-08-01
Waiver of right of respondent Brigham Sloan to respond filed.
2019-06-26
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 9, 2019)

Attorneys

Brigham Sloan
Benjamin Michael FlowersOhio Attorney General Dave Yost, Respondent
Benjamin Michael FlowersOhio Attorney General Dave Yost, Respondent
Steven L. Rackley
Steven L. Rackley — Petitioner
Steven L. Rackley — Petitioner