No. 20-1302

Casey A. McWhorter v. Jefferson S. Dunn, Commissioner, Alabama Department of Corrections, et al.

Lower Court: Eleventh Circuit
Docketed: 2021-03-19
Status: Denied
Type: Paid
Tags: 28-U.S.C-2254(d)(2) constitutional-rights criminal-defendant death-penalty-mitigation effective-assistance-of-counsel federal-review habeas-corpus impartial-jury ineffective-assistance jury-bias McDonough-Power-Equipment-v-Greenwood mitigation-evidence
Key Terms:
HabeasCorpus Punishment JusticiabilityDoctri
Latest Conference: 2021-06-10
Question Presented (AI Summary)

Whether a federal court violates 28-U.S.C-2254(d)(2) in determining state court's factual findings

Question Presented (OCR Extract)

QUESTIONS PRESENTED This case presents important issues concerning a criminal defendant’s constitutional rights to an impartial jury and to the effective assistance of counsel in a death penalty mitigation proceeding. Petitioner respectfully presents three issues for review, each of which warrants the involvement of this Court: 1. Whether a federal court violates 28 U.S.C. § 2254(d)(2) when, in determining whether a state court’s factual findings were reasonable, it expressly declines to consider evidence in the record that contradicts the state court’s findings. 2. Whether McDonough Power Equipment, Inc. v. Greenwood, 464 U.S. 548 (1984), which established the standard for whether the presence of a biased juror deprived the defendant of an impartial jury, requires the defendant to establish that the juror’s bias actually affected her judgment about the case. 3. Whether a federal court violates 28 U.S.C. § 2254(d)(2) when it concludes that counsel conducted an adequate penalty phase investigation even though trial counsel fundamentally misunderstood what mitigation evidence was. i

Docket Entries

2021-06-14
Petition DENIED.
2021-05-25
DISTRIBUTED for Conference of 6/10/2021.
2021-05-24
Reply of petitioner Casey A. McWhorter filed. (Distributed)
2021-05-10
Brief of respondent Jefferson S. Dunn in opposition filed. (Distributed)
2021-04-13
Motion to extend the time to file a response is granted and the time is extended to and including May 10, 2021.
2021-04-12
Motion to extend the time to file a response from April 19, 2021 to May 10, 2021, submitted to The Clerk.
2021-03-17
Petition for a writ of certiorari filed. (Response due April 19, 2021)

Attorneys

Casey A. McWhorter
Benjamin E. RosenbergDechert LLP, Petitioner
Jefferson S. Dunn
James Roy Houts — Respondent