No. 19-8162

In Re Curtis Smith

Lower Court: N/A
Docketed: 2020-04-02
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appellate-procedure circuit-court-discretion due-process judicial-precedent mandate mandate-recall post-judgment-relief recall seventh-circuit supreme-court writ-of-certiorari writ-of-mandamus
Key Terms:
DueProcess HabeasCorpus CriminalProcedure Privacy JusticiabilityDoctri
Latest Conference: 2020-05-01
Question Presented (AI Summary)

Did the Court of Appeals for the Seventh Circuit adopt a divergent interpretation of the Supreme Court of the United States binding precedent case law Calderon v. Thompson, 523 U.S.538(1998) (mandateshall not be recalled except to prevent injustice) standard?"

Question Presented (from Petition)

QUESTION(S) PRESENTED ° : Did the Court of Appeals for the Seventh Circuit adopted a divergent interpretation of the Supreme Court of the United States binding precedent case law Calderon v. Thompson, 523 U.S.538(1998) (mandate"shall not be recalled except to prevent injustice") standard? Did Seventh Circuit adopt devergent interpretations of . , ; Seventh Circuit's binding precedent case law Barnes v. Briley, 43 F. Appx! 966 (7th Cir.2002) standard by sua sponte denying In re: Smith's motion to kecall Its Mandate, because the jury's verdict ; is against the “overwhelming" weight of the evidence? Il. Did Seventh Circuit cause controversy between the Third Circuit's binding precedent case law Dunn v. Hovic,13 F.3d 58, 60 (3d Cir.1993)(recall appropriate when omitted postjudgment interest), by seventh Circuit sua sponte denying In re: Smith's motion tor the Seventh Circuit to Recall Its(May 4, 2009) Mandate because his post direct appeal judgment showed evidence that his "appellate" counsel only raised “one ground" for relief in his os appellate brief? IIl. Is a petitioner entitled to be heard in a Writ of Mandamus or Writ of Prohibition, when a court of appeal refused to act when it had no power to refuse?" Especially, when there is’. overwheming" evidence in the record showing that the jury's verdict is against "overwheming" weight of evidence at trial? to that injustice, Petitioner's appellate attorney had _ . presented only ["one ground"] for relief on his behalf on direct ; appeal, in which, did not have any merits. And, that "one ground" was Unrelated as to any material evidence produced on the record at trial or sentencing critical stage of proceedings. ii

Docket Entries

2020-05-04
Petition DENIED.
2020-04-16
DISTRIBUTED for Conference of 5/1/2020.
2020-04-08
Waiver of right of respondent United States to respond filed.
2020-02-19
Petition for a writ of mandamus and motion for leave to proceed in forma pauperis filed. (Response due May 4, 2020)

Attorneys

Curtis Smith
Curtis Lee Smith — Petitioner
Curtis Lee Smith — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent