No. 20-5448

Antonio Williams v. William J. Pollard, Warden

Lower Court: Seventh Circuit
Docketed: 2020-08-21
Status: Denied
Type: IFP
Response WaivedIFP
Tags: aedpa-standards antiterrorism-and-effective-death-penalty-act appellate-counsel certificate-of-appealability constitutional-rights effective-assistance-of-counsel habeas-corpus habeas-relief ineffective-assistance interest-of-justice newly-discovered-evidence
Latest Conference: 2020-10-16
Question Presented (from Petition)

1. Whether federal courts should or must consider the
restrictive standards for granting habaes relief under
the Antiterrorism and Effective Death Penalty Act of
1996, 110 Stat. 1214, 28 U.S.G. §2254(d), when deciding
whether the petitioner has made the "substantial showing
of the denial of a constitutional right" required for
issuance of the certificate of appealability prerequisite
to appeal from the denial of federal habaes relief under
28 U.S.C. §2254.

2. Whether Williams was entitled to a certificate of
appealability on his claim that he was denied the effective
assistance of counsel due to appellate counsel"s failure
to appeal the following claim which was fully preserved
in the record:

Newly discoverd evidence based on the multiple
admissions both before and after trial by the
state's primary witness, Rosario Fuentez, that
his trial testimony against Williams was false
and that Williams in fact was not involved in
Fuentez's commission of the charged offense.

3. Whether Williams was entitled to a certificate of
appealability on his claim that he was denied the effective
assistance of counsel due to appellate counsel's failure
to argue the following claim in the court of appeals:

Reversal is appropriate in the interest of
justice on the grounds that the real controversy
was not fully tried because the jury was denied
evidence of Fuentez',s admissions that Williams in fact was not involved in the charged offenses,
and that Fuentez had only claimed otherwise in
order to minimize the consequences of his own
criminal conduct.

Question Presented (AI Summary)

Whether federal courts should or must consider the restrictive standards for granting habeas relief under the Antiterrorism and Effective Death Penalty Act of 1996

Docket Entries

2020-10-19
Petition DENIED.
2020-10-01
DISTRIBUTED for Conference of 10/16/2020.
2020-09-21
Waiver of right of respondent William J. Pollard to respond filed.
2020-08-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 21, 2020)

Attorneys

Antonio Williams
Antonio D. Williams — Petitioner
William J. Pollard
Robert G. ProbstWisconsin Department of Justice - Criminal Appeals, Respondent