No. 19-6999

Charles Alan Dyer v. Jim Farris, Warden

Lower Court: Tenth Circuit
Docketed: 2019-12-18
Status: Denied
Type: IFP
IFP
Tags: civil-rights due-process exhaustion-doctrine exhaustion-of-state-remedies federal-review habeas-corpus habeas-corpus-review-2254-d-2-e-1 ineffective-assistance ineffective-assistance-of-counsel presumption-of-correctness prosecutorial-misconduct standard-of-review state-court-fact-finding state-court-factual-findings state-court-findings unreasonable-determination
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2020-02-21
Question Presented (AI Summary)

Whether a federal court is required to review the state court's finding of facts to determine if it is 'unreasonable' or can the court simply presume that the state court fact finding is correct without further review

Question Presented (OCR Extract)

QUESTION PRESENTED (1) In order to obtain relief under § 2254(d)(2), is a federal court required to review the state court’s finding of facts to determine if it is “unreasonable” or can the court simply presume that the state court fact finding is correct without further review? : (a) If review is required, and the petitioner presents clear and convincing evidence rebutting the state court’s finding of facts with clear and convincing evidence, must the federal court then undertake a § 2254(e)(1) review and analysis of the evidence or can it be ignored under the pretext of an impenetrable presumption that the state court determination was correct? and; (b) What is the interplay between § 2254(d)(2) and § 2254(e)(1)? (2) Did the 10‘ Circuit err in refusing to give any review of certain claims by Mr. Dyer by: (a)Improperly merging Mr. Dyers 3 claim “The Trial Was Infected By False Testimony” with his 5t claim “Prosecutorial Misconduct”. (b)Erroneously ruling that Dyer did not properly exhaust his Ineffective Assistance of Trial Counsel claim in State Court. ii s/ oa

Docket Entries

2020-02-24
Petition DENIED.
2020-01-30
DISTRIBUTED for Conference of 2/21/2020.
2019-12-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 17, 2020)

Attorneys

Charles Alan Dyer
Charles Alan Dyer — Petitioner