No. 20-6201

Anthony Thomas v. Victor Calloway, Warden

Lower Court: Seventh Circuit
Docketed: 2020-11-03
Status: Denied
Type: IFP
Response WaivedIFP
Tags: certificate-of-appealability district-court due-process federal-constitutional-law habeas habeas-corpus perjury procedural-default state-law
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2020-12-04
Question Presented (AI Summary)

Should a certificate of appealability have issued?

Question Presented (from Petition)

QUESTIONS PRESENTED . 1. Should a certificate of appealability have issued where the District Court incorrectly opined that claims raised by Mr. Thomas were matters of state law, overlooking that the preserved issues were argued and well-grounded under federal constitutional law? ; 2. Should a certificate of appealability have issued where the District Court incorrectly opined Mr. Thomas' perjury claim was procedurally defaulted, ignoring that state post-conviction appellate counsel inappropriately withdrew on state appeal, thereby stifling Mr. Thomas' continued attempts to have his claim considered in one complete round of state appellate review? 3. Are the integrity of the habeas proceedings compromised requiring remand back to the District Court where the court ruled on Mr. Thomas' petition without allowing him to respond to the State's answer, where Mr. Thomas never refused or failed to respond, but rather asked for help in responding, citing the difficulty in understanding the complex procedural doctrines made by attorneys who had significant advantage over him? i

Docket Entries

2020-12-07
Petition DENIED. Justice Barrett took no part in the consideration or decision of this petition.
2020-11-18
DISTRIBUTED for Conference of 12/4/2020.
2020-11-10
Waiver of right of respondent Calloway, Warden to respond filed.
2020-10-22
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 3, 2020)

Attorneys

Anthony Thomas
Anthony Thomas — Petitioner
Anthony Thomas — Petitioner
Calloway, Warden
Michael Marc Glick — Respondent
Michael Marc Glick — Respondent