No. 19-7292

Jerry Franks v. Emma Collins, Warden

Lower Court: Sixth Circuit
Docketed: 2020-01-15
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 28-usc-2244 brady-v-maryland brady-violation criminal-procedure habeas-corpus montgomery-v-louisiana post-conviction-review retroactivity retroactivity-of-new-rules statutory-interpretation supremacy-clause supreme-court-retroactivity trevino-v-thaler
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2020-02-21
Question Presented (AI Summary)

Did Montgomery v. Louisiana announce a new watershed rule of criminal procedure that applies retroactively when ruling the Supremacy Clause applies to state review as defined by 28 U.S.C. § 2244(d)(1)(C)?

Question Presented (OCR Extract)

Questions Presented for Review First Question: Did Montgomery v. Louisiana also announce a new watershed rule of criminal procedure that applies retroactively when ruling the Supremacy Clause applies to state review as defined by 28 U.S.C. § 2244(d)(1)(C)? Second Question: Does Montgomery v. Louisiana’s application of the Supremacy , Clause bind Trevino v. Thaler retroactively to state review as defined by 28 U.S.C. § 2244(d)\(1\(C)? Third Question: Does Montgomery v. Louisiana’s application of the Supremacy Clause along with Trevino v. Thaler’s procedural ruling announce a new retroactive right to post-conviction discovery procedures as defined by 28 U.S.C. § 2244(d)(1)(B)&(C)? Fourth Question: Does a violation of Brady v. Maryland in the absence of state postconviction discovery procedures constitute an “impediment” as defined by 28 U.S.C. § 2244(d)(1)(B)? Fifth Question: Can the discovery procedures of Rule 6 of the Rules Governing 2254 Cases be invoked to remove an impediment as defined by 28 U.S.C. § 2244(d)(1)(B) when the state courts allow no post-conviction discovery procedures to vindicate a Brady violation? Sixth Question: Does Montgomery v. Louisiana’s application of the Supremacy Clause bind a retroactive application of Crawford v. Washington under 28 U.S.C. § _ 2244(d)\1)(B&(C) to allow impeachment of a co-defendant’s statements relative to withheld Brady material? Seventh Question: Does the equitable tolling/actual innocence gateway defined in McQuiggin v. Perkins apply to a lesser homicide offense when unjustly convicted of a greater homicide offense? -i .

Docket Entries

2020-02-24
Petition DENIED.
2020-01-30
DISTRIBUTED for Conference of 2/21/2020.
2020-01-27
Waiver of right of respondent Emma Collins to respond filed.
2019-10-31
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 14, 2020)

Attorneys

Emma Collins
Benjamin Michael FlowersOhio Attorney General Dave Yost, Respondent
Benjamin Michael FlowersOhio Attorney General Dave Yost, Respondent
Jerry Franks
Jerry Franks — Petitioner
Jerry Franks — Petitioner