No. 19-8375

Lamarr Robinson v. Connie Horton, Warden

Lower Court: Sixth Circuit
Docketed: 2020-04-28
Status: Denied
Type: IFP
Amici (1)Response RequestedResponse WaivedRelisted (2)IFP Experienced Counsel
Tags: constitutional-claim exhaustion exhaustion-doctrine fair-presentation federal-review habeas-corpus incorporation-by-reference procedural-default state-court-remedies
Key Terms:
DueProcess HabeasCorpus Privacy JusticiabilityDoctri
Latest Conference: 2020-10-30 (distributed 2 times)
Question Presented (AI Summary)

Does a prisoner 'fairly present' the substance of his federal habeas corpus claim to the state's highest court when he utilizes a commonly used, unofficial form to incorporate by reference 'the issues as raised in my Court of Appeals brief'?

Question Presented (OCR Extract)

QUESTION PRESENTED By statute and this Court’s case law, a state prisoner must exhaust available state court remedies on direct appeal before a federal court considers granting habeas corpus relief. This Court holds that in order to exhaust a claim a state prisoner must “fairly present” the substance of a federal habeas corpus claim to the state’s highest court. With this in mind, the question presented is: 1. Does a prisoner “fairly present” the substance of his federal habeas corpus claim to the state’s highest court, when he utilizes a commonly used, unofficial form to incorporate by reference “the issues as raised in my Court of Appeals brief.”

Docket Entries

2020-11-02
Petition DENIED. Justice Barrett took no part in the consideration or decision of this petition.
2020-10-15
DISTRIBUTED for Conference of 10/30/2020.
2020-10-14
Reply of petitioner Lamarr Robinson filed. (Distributed)
2020-09-25
Brief of respondent Connie Horton, Warden in opposition filed.
2020-08-26
Motion to extend the time to file a response is granted and the time is further extended to and including September 25, 2020.
2020-08-25
Motion to extend the time to file a response from August 26, 2020 to September 25, 2020, submitted to The Clerk.
2020-07-23
Motion to extend the time to file a response from July 27, 2020 to August 26, 2020, submitted to The Clerk.
2020-07-23
Motion to extend the time to file a response is granted and the time is further extended to and including August 26, 2020.
2020-06-25
Brief amici curiae of Criminal Defense Attorneys of Michigan, The Michigan Appellate Assigned Counsel System, and Sandra Girard filed.
2020-06-15
Motion to extend the time to file a response is granted and the time is extended to and including July 27, 2020.
2020-06-12
Motion to extend the time to file a response from June 25, 2020 to July 27, 2020, submitted to The Clerk.
2020-05-26
Response Requested. (Due June 25, 2020)
2020-05-20
DISTRIBUTED for Conference of 6/4/2020.
2020-05-15
Waiver of right of respondent Connie Horton, Warden to respond filed.
2020-04-21
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 28, 2020)

Attorneys

Connie Horton, Warden
Fadwa A. HammoudMichigan Department of Attorney General, Respondent
Fadwa A. HammoudMichigan Department of Attorney General, Respondent
Criminal Defense Attorneys of Michigan, The Michigan Appellate Assigned Counsel System, and Sandra Girard
Brian Timothy BurgessGoodwin Procter, LLP, Amicus
Brian Timothy BurgessGoodwin Procter, LLP, Amicus
Lamarr Robinson
Melissa Arbus SherryLatham & Watkins LLP, Petitioner
Melissa Arbus SherryLatham & Watkins LLP, Petitioner
Steven Douglas JaegerThe Jaeger Firm, PLLC, Petitioner
Steven Douglas JaegerThe Jaeger Firm, PLLC, Petitioner