No. 20-6370

David Merritt v. Robert May, Warden, et al.

Lower Court: Third Circuit
Docketed: 2020-11-19
Status: Denied
Type: IFP
Response WaivedIFP
Tags: certificate-of-appealability civil-rights due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel martinez-rule procedural-default rule-60 substantial-claim wrongful-conviction
Key Terms:
FifthAmendment DueProcess HabeasCorpus JusticiabilityDoctri
Latest Conference: 2021-01-08
Question Presented (AI Summary)

Did the Third Circuit's denial of a Rule 60(b)(6) motion constitute clear error in declining to issue a certificate of appealability

Question Presented (OCR Extract)

QUESTION PRESENTED 1. Did the Third Circuit's denial of a Rule 60(b)(6) motion constitute clear error in declining to issue a certificate of appealability by.sanctioning the district court's enhanced version of the Martinez rule "substantial claim" requirement when dismissing insufficient evidence as unexhausted and procedurally defaulted but then adjudicating the matter beneath ineffective assistance of counsel to ultimately resolve the merits of the appeal although the barred claim made a "substantial showing of the denial of a constitutional right" based on the existence of a wrongful conviction? i

Docket Entries

2021-01-11
Petition DENIED.
2020-12-03
DISTRIBUTED for Conference of 1/8/2021.
2020-12-01
Waiver of right of respondent Vaughn, Warden, et al. to respond filed.
2020-11-06
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 21, 2020)

Attorneys

David Merritt
David Merritt — Petitioner
David Merritt — Petitioner
Vaughn, Warden, et al.
Maria Teresa KnollOffice of the Attorney GeneralState of Delaware,, Respondent
Maria Teresa KnollOffice of the Attorney GeneralState of Delaware,, Respondent