No. 20-7493

Jose Luis Sanchez, Jr. v. Donald Holbrook, et al.

Lower Court: Ninth Circuit
Docketed: 2021-03-18
Status: Denied
Type: IFP
Response WaivedIFP
Tags: anti-terrorism-act article-iii constitutional-interpretation federal-courts federal-judicial-power federal-law habeas-corpus judicial-power state-court state-court-review
Key Terms:
DueProcess HabeasCorpus JusticiabilityDoctri
Latest Conference: 2021-04-16
Question Presented (AI Summary)

Whether 18 U.S.C. § 2254(d) of the Anti-Terrorism and Effective Death Penalty Act (AEDPA) is unconstitutional

Question Presented (OCR Extract)

QUESTION PRESENTED Whether 18 U.S.C. § 2254(d) of the Anti-Terrorism and Effective Death Penalty Act (AEDPA), prohibiting federal courts from granting a writ of habeas corpus to a petitioner in state custody except where the state court decision is "contrary to, or involved an unreasonable application of, clearly established federal law" as determined by this Court, or is based on an unreasonable determination of the facts in light of the evidence presented in the State court proceeding" is unconstitutional on its face because it impermissibly interferes with the exercise of the federal judicial power granted exclusively to this Court and the lower federal courts by Article ITI of the United States Constitution. i

Docket Entries

2021-04-19
Petition DENIED.
2021-03-25
DISTRIBUTED for Conference of 4/16/2021.
2021-03-22
Waiver of right of respondent Donald Holbrook to respond filed.
2021-03-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 19, 2021)

Attorneys

Donald Holbrook
Peter Benjamin GonickAttorney General of Washington, Respondent
Jose, Jr. Sanchez
Richard D. WallRichard D. Wall, P.S., Petitioner