No. 20-5802

Timothy W. Saunders v. Terry Raybon, Warden

Lower Court: Eleventh Circuit
Docketed: 2020-09-25
Status: Denied
Type: IFP
IFP
Tags: due-process exhausted-claim exhaustion federal-habeas federal-habeas-review martinez-v-ryan merits-adjudication post-conviction post-conviction-relief procedural-default state-court-deference state-court-proceedings
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2020-11-13
Question Presented (AI Summary)

What deference, if any, is due to a state court decision on an exhausted post-conviction claim when the decision arises from a system that does not give the petitioner a full and fair opportunity to litigate the claim and the federal courts do not give the petitioner a chance to cure default, but consider such a claim adjudicated on the merits?

Question Presented (from Petition)

QUESTION PRESENTED What deference, if any, is due to a state court decision on an exhausted post-conviction claim when the decision arises from a system that does not give the petitioner a full and fair opportunity to litigate the claim and the federal courts do not give the petitioner a chance to cure default, but consider such a claim adjudicated on the merits? i

Docket Entries

2020-11-16
Petition DENIED.
2020-10-29
DISTRIBUTED for Conference of 11/13/2020.
2020-10-29
Reply of petitioner Timothy Saunders filed. (Distributed)
2020-10-15
Brief of respondent Terry Raybon, Warden in opposition filed.
2020-09-21
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 26, 2020)

Attorneys

Terry Raybon, Warden
Lauren Ashley SimpsonOffice of the Attorney General State of Alabama, Respondent
Lauren Ashley SimpsonOffice of the Attorney General State of Alabama, Respondent
Timothy Saunders
Allyson Renee duLacFederal Defender Middle District of Alabama, Petitioner
Allyson Renee duLacFederal Defender Middle District of Alabama, Petitioner