No. 20-5587

Zachary Joseph Love v. United States

Lower Court: Eighth Circuit
Docketed: 2020-09-03
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 2255-motion 28-usc-2254 28-usc-2255 constitutional-rights evidentiary-hearing federal-procedure habeas-corpus kaufman-v-united-states townsend-factors townsend-v-sain
Key Terms:
HabeasCorpus
Latest Conference: 2020-10-09
Question Presented (AI Summary)

Should the Townsend v. Sain factors for evidentiary hearings in 28 U.S.C. § 2254 state habeas proceedings apply to 28 U.S.C. § 2255 federal habeas proceedings?

Question Presented (OCR Extract)

Question Presented In a habeas corpus proceeding under 28 U.S.C. § 2255 originating from a federal district court, where facts have not been established on the record to show conclusively that the defendant is not entitled to relief, should this Court confirm the application of the factors requiring an evidentiary hearing for 28 U.S.C. § 2254 proceedings originating from a state court as established by Townsend v. Sain to § 2255 proceedings as specified in Kaufman v. United States and enumerate the role of the Townsend factors to cases originating in federal court? 1

Docket Entries

2020-10-13
Petition DENIED.
2020-09-24
DISTRIBUTED for Conference of 10/9/2020.
2020-09-15
Waiver of right of respondent United States to respond filed.
2020-08-31
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 5, 2020)

Attorneys

United States
Jeffrey B. WallActing Solicitor General, Respondent
Zachary Love
Terrance WaiteWaite & McWha, Petitioner