No. 19-6685

Scott McLaughlin v. Anne L. Precythe, Director, Missouri Department of Corrections

Lower Court: Eighth Circuit
Docketed: 2019-11-20
Status: Denied
Type: IFP
IFP
Tags: capital-case capital-cases capital-cases-habeas-corpus certificate-of-appealability certificates-of-appealability confrontation-clause eighth-circuit giles-v-california habeas-corpus pro-forma-denial procedural-due-process standard-of-review
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2020-02-21
Question Presented (AI Summary)

Whether the Eighth Circuit's pro forma practice of issuing unexplained blanket denials of COAs in capital habeas cases conflicts with 28 U.S.C. §2258 and Supreme Court precedent

Question Presented (OCR Extract)

QUESTIONS PRESENTED A disturbing trend is developing in capital cases in federal courts in Missouri regarding the pro forma denial of certificates of appealability (“COA”). In Petitioner's case, both the District Court and the Eighth Circuit summarily denied Petitioner a COA. It has been over an entire calendar year since the Eighth Circuit has granted a COA in a capital case. This pro forma practice presents the following questions: 1. Does the Eighth Circuit’s pro forma practice of issuing unexplained blanket denials of COAs in capital habeas cases conflict with 28 U.S.C. § 2258, and this Court’s decisions in Slack v. McDaniel, 539 U.S. 473 (2000), Miller-E] v. Cockrell, 587 U.S. 322 (2003), and Barefoot vy. Estelle, 463 U.S. 880 (1983), by preventing a condemned prisoner from obtaining meaningful appellate review of a first habeas petition? 2. Whether the summary denial of a COA was proper as it pertains to Petitioner’s plain violation of the Confrontation Clause as interpreted by this Court in Giles v. California, 554 U.S. 353 (2008), when the state court allowed admission of prior testimonial hearsay statements without satisfying Gi/e? intent requirements to establish admissibility under the Sixth Amendment? i

Docket Entries

2020-02-24
Petition DENIED.
2020-02-06
DISTRIBUTED for Conference of 2/21/2020.
2020-01-31
Reply of petitioner Scott McLaughlin filed.
2020-01-21
Brief of respondent Anne Precythe in opposition filed.
2019-12-10
Motion to extend the time to file a response is granted and the time is extended to and including January 21, 2020.
2019-12-06
Motion to extend the time to file a response from December 20, 2019 to January 21, 2020, submitted to The Clerk.
2019-11-15
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 20, 2019)
2019-09-06
Application (19A269) to extend the time to file a petition for a writ of certiorari from September 16, 2019 to November 15, 2019, submitted to Justice Gorsuch.
2019-09-06
Application (19A269) granted by Justice Gorsuch extending the time to file until November 15, 2019.

Attorneys

Anne Precythe
Michael Joseph SpillaneMissouri Attorney General's Office, Respondent
Michael Joseph SpillaneMissouri Attorney General's Office, Respondent
Scott McLaughlin
Laurence Edward KompFederal Public Defender - Western District of Missouri, Petitioner
Laurence Edward KompFederal Public Defender - Western District of Missouri, Petitioner