Marcus Hanserd v. Tony Trierweiler, Warden
HabeasCorpus
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(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