No. 20-5664

Marcus Hanserd v. Tony Trierweiler, Warden

Lower Court: Sixth Circuit
Docketed: 2020-09-11
Status: Denied
Type: IFP
IFP
Tags: civil-procedure federal-rules-of-civil-procedure ineffective-assistance ineffective-assistance-of-counsel relate-back relate-back-doctrine rule-15c sixth-circuit sixth-circuit-court-of-appeals standard-of-review
Key Terms:
HabeasCorpus
Latest Conference: 2020-11-13
Question Presented (AI Summary)

Is there a conflict among the circuits as to the proper standard of review for Federal Rules Civil Procedure Rule 15(c), relate-back provision; does petitioner's ineffective-assistance-of-counsel claim relate-back to his original timely-filed petition and did the Sixth-Circuit-Court-of-Appeals fail to conduct a proper review of the record to determine whether the claim shares a common-core-of-operative-facts prior to dismissing the claim as untimely?

Question Presented (OCR Extract)

QUESTION(S) PRESENTED FOR REVIEW J. IS THERE A CONFLICT AMONG THE CIRCUITS AS TO THE PROPER STANDARD OF REVIEW FOR FEDERAL RULES CIVIL PROCEDURE RULE 15(C), RELATE BACK PROVISION; DOES PETITIONER'S INEFFECTIVE ASSISTANCE OF COUNSEL CLAIM RELATE BACK TO __ HIS ORIGINAL TIMELY FILED PETITION AND DID THE SIXTH CIRCUIT COURT OF APPEALS FAIL TO CONDUCT A PROPER REVIEW OF THE RECORD TO DETERMINE WHETHER THE CLAIM . SHARES A COMMON CORE OF OPERATIVE FACTS PRIOR TO DISMISSING THE CLAIM AS UNTIMELY? Petitioner answers "YES" Respondent answers "No" ft i

Docket Entries

2020-11-16
Petition DENIED.
2020-10-29
DISTRIBUTED for Conference of 11/13/2020.
2020-08-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 13, 2020)

Attorneys

Marcus Hanserd
Marcus Hanserd — Petitioner
Marcus Hanserd — Petitioner