No. 19-7461

Derrick Lamar Cheeks v. Alford Joyner

Lower Court: Fourth Circuit
Docketed: 2020-01-28
Status: Denied
Type: IFP
Relisted (2)IFP
Tags: civil-rights constitutional-interpretation criminal-procedure due-process habeas habeas-review jurisdictional-conflict procedural-default state-court supreme-court supreme-court-precedent
Key Terms:
DueProcess HabeasCorpus JusticiabilityDoctri
Latest Conference: 2020-06-18 (distributed 2 times)
Question Presented (AI Summary)

Question not identified

Question Presented (from Petition)

Questions Presented 1) Has the Supreme Court of the United States overturned its own precedent in Harris v. Reed, 489 U.S. 255 109 S.Ct. 1038 103 L.Ed. 2d (1989); Caldwell v. Mississippi, 472 US. 320, 327, 8 L. Ed. 2d 231, 105 S.Ct. 2633 (1985); and Michigan v. Long, 463 U.S. 1032, 77 L.Ed. 2d 1201, 103 S.Ct. 3469 (1983)? Where this court decided that a procedural default does not bar consideration of a federal claim on either direct or habeas review unless the last state court rendering a judgment in the case clearly and expressly states that its judgment rests on a state procedural bar.” 2) Does the Supreme Court decision in Stone v. Powell, 428 U.S. 465, S.Ct. 3037, 3052 (1976), deprive its own court of jurisdiction under the U.S. Const. Art. VI. Cl. 2 to have its constitution and laws interpreted and applied when a conflict arises between a state precedent on a federal question and supreme court precedent on the same question. 3) The Decision of the District Court of South Carolina Is In Conflict with the Decision of other Circuits. 4) Has the Supreme Court of the United States overruled Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed. 2d 674 (1984), holding that a “defendant must show that there is a reasonable probability that, but for counsel’s unprofessional errors, the result of the proceeding would have been different.’”? i 5) Has the holding in Roviaro v. United States, 353 U.S. 53, 77 S.Ct. 623, 1 L.Ed. 2d 639 (1957) been overturned where this court decided where the disclosure of a confidential informer’s identity, or of the contents of his communication, is relevant and helpful to the defense of an accused, or is essential to the fair determination of a cause, the privilege ; must give way. 6) Does a prosecutor’s probable cause to believe that the accused committed an offense defined by statute, the decision whether or not to prosecute, and what charge to file override a defendant born or naturalized in the United States citizenship? 8) Does the text of 28 U.S.C. § 2254 (d) require District Courts around the country to adhere to congress’ intent for the statute to “provide a remedy for correcting ‘erroneous judgments”? ii

Docket Entries

2020-06-22
Rehearing DENIED.
2020-06-02
DISTRIBUTED for Conference of 6/18/2020.
2020-04-30
Petition for Rehearing filed.
2020-03-30
Petition DENIED.
2020-03-12
DISTRIBUTED for Conference of 3/27/2020.
2019-10-17
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 27, 2020)

Attorneys

Derrick Lamar Cheeks
Derrick Lamar Cheeks — Petitioner
Derrick Lamar Cheeks — Petitioner