No. 20-5964
Marlow Shelton McDonald v. Jeff Titus, Warden
Response WaivedIFP
Tags: 28-usc-2253 certificate-of-appealability federal-court federal-courts habeas-corpus procedural-grounds reasonable-jurists statutory-interpretation
Key Terms:
DueProcess HabeasCorpus JusticiabilityDoctri
DueProcess HabeasCorpus JusticiabilityDoctri
Latest Conference:
2020-12-04
Question Presented (AI Summary)
Whether a federal court may find that 'reasonable jurists would not disagree' about the denial of relief on procedural grounds where other courts have resolved the same issue, on similar facts, in a manner favorable to habeas petitioner's position
Question Presented (OCR Extract)
QUESTIONS PRESENTED 1. In deciding whether to issue a certificate of appealability under 28 U.S.C. § 2253, may a federal court find that “reasonable jurists would not disagree” about the denial of relief on procedural grounds where other courts have resolved the same issue, on similar facts, in a manner favorable to habeas petitioner’s position? 2
Docket Entries
2020-12-07
Petition DENIED.
2020-11-12
DISTRIBUTED for Conference of 12/4/2020.
2020-10-27
Waiver of right of respondent Jeff Titus, Warden, Rush City Correctional Facility to respond filed.
2020-10-01
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 9, 2020)
Attorneys
Jeff Titus, Warden, Rush City Correctional Facility
Patrick R. McDermott — Blue Earth County Attorney, Respondent
Patrick R. McDermott — Blue Earth County Attorney, Respondent
Marlow McDonald
Zachary Allen Longsdorf — Longsdorf Law Firm PLC, Petitioner
Zachary Allen Longsdorf — Longsdorf Law Firm PLC, Petitioner