No. 19-5381

Charles Quatrine, Jr. v. Mary Berghuis, Warden

Lower Court: Sixth Circuit
Docketed: 2019-07-29
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appellate-rules circuit-court circuit-court-procedure civil-procedure conflict-of-law federal-rules-of-appellate-procedure final-mandate final-opinion judicial-impediments mandate mandate-review procedural-due-process rule-60(b) rule-60b
Key Terms:
HabeasCorpus
Latest Conference: 2019-10-01
Question Presented (AI Summary)

Did the Circuit Court issue a final mandate that was a conflict of law, established by its own court?

Question Presented (OCR Extract)

QUESTIONS PRESENTED I Did the Circuit Court issue a final mandate that was a conflict of law, established by its own court? Ii__—Did the Circuit Court err when declined to recall the mandate of an opinion which was overturned 3 days prior to its issuance? Ii. Did the District Court err by adding a “something more” caveat, not listed in the statutory provisions of the Federal Rules of Appellate Procedure regarding Motions, Rule 60(b)? At the same time, failed to consider or address, the listed Judicial impediments created by the 6" Circuit and clear evidence that the District Court opinion was based on a misinterpretation of the court record? All of which, would have comfortably satisfied the ambiguous, “something more”, reasoning by the District Judge. THE FOLLOWING QUESTIONS ARE FURTHER EXAMPLES OF THE “SOMETHING MORE”, CAVEAT CALLED FOR AND OVERLOOKED BY THE DISTRICT COURT: IV __ Did the Circuit Court err by ignoring established court rules when it denied petitioner the statutory time to challenge a supplemental authority submitted by the state. The result of which, directly and fatally impacted the outcome of the proceedings? V__sDid the Circuit Court err when it ignored a docketed motion, which was both pertinent and properly filed by petitioner. The result of which, directly and fatally impacted the outcome of the proceedings? VI. Are the Federal Rules of Appellate Procedure void of an avenue to address a change of law concurrent with a Circuit Court Opinion.

Docket Entries

2019-10-07
Petition DENIED.
2019-08-29
DISTRIBUTED for Conference of 10/1/2019.
2019-08-20
Waiver of right of respondent Mary Berghuis, Warden to respond filed.
2019-05-29
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 28, 2019)
2019-03-20
Application (18A950) granted by Justice Sotomayor extending the time to file until June 3, 2019.
2019-02-19
Application (18A950) to extend the time to file a petition for a writ of certiorari from April 2, 2019 to June 1, 2019, submitted to Justice Sotomayor.

Attorneys

Charles Quatrine
Charles Quatrine Jr. — Petitioner
Mary Berghuis, Warden
Fadwa A. HammoudMichigan Department of Attorney General, Respondent