DueProcess HabeasCorpus CriminalProcedure Privacy JusticiabilityDoctri
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(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