No. 19-5298

Kendrick Antonio Simpson v. Mike Carpenter, Interim Warden

Lower Court: Tenth Circuit
Docketed: 2019-07-24
Status: Denied
Type: IFP
IFP
Tags: aedpa aedpa-review certificate-of-appealability double-deference federal-courts habeas-corpus ineffective-assistance judicial-deference prejudice-prong standard-of-review strickland-analysis strickland-standard
Key Terms:
DueProcess HabeasCorpus Punishment JusticiabilityDoctri
Latest Conference: 2019-10-11
Question Presented (AI Summary)

Does the AEDPA require federal courts to apply a doubly-deferential standard of review to the prejudice prong of the Strickland analysis?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Does the AEDPA require federal courts to apply a doublydeferential standard of review to the prejudice prong of the Strickland analysis? 2. May a death sentence stand when the district court erroneously applies § 2254(d) deference for the judiciallycreated “cause and prejudice” standard thus leading to denials of a Certificate of Appealability on a critical Lockett v. Ohio issue that would have been meritorious had direct appeal counsel not been ineffective in failing to raise it? 3. Is a state court entitled to deference under § 2254(d) when the merits adjudication ignores the fundamental principles of Lockett v. Ohio and Eddings v. Oklahoma and permits prosecutors to deliberately exploit a jury instruction by arguing a defendant’s evidence must reduce his moral culpability or blame for the crime to be considered mitigating? i

Docket Entries

2019-10-15
Petition DENIED.
2019-09-26
DISTRIBUTED for Conference of 10/11/2019.
2019-09-24
Reply of petitioner Kendrick Simpson filed.
2019-09-11
Brief of respondent Tommy Sharp, Interim Warden in opposition filed.
2019-08-27
Motion to extend the time to file a response is granted and the time is extended to and including September 23, 2019.
2019-08-21
Motion to extend the time to file a response from August 23, 2019 to September 23, 2019, submitted to The Clerk.
2019-07-22
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 23, 2019)
2019-05-09
Application (18A1151) granted by Justice Sotomayor extending the time to file until July 22, 2019.
2019-05-06
Application (18A1151) to extend the time to file a petition for a writ of certiorari from May 23, 2019 to July 22, 2019, submitted to Justice Sotomayor.

Attorneys

Kendrick Simpson
Sarah Mary Jernigan McGovernOffice of the Federal Public Defender for the Westem District of Oklahoma, Petitioner
Tommy Sharp, Interim Warden
Jennifer J. DicksonOklahoma Attorney General, Respondent