No. 20-7949

Terry Kent Holcomb, II v. Rick Whitten, Warden

Lower Court: Tenth Circuit
Docketed: 2021-05-06
Status: Denied
Type: IFP
IFP
Tags: appeal constitutional-right due-process evidence evidentiary-ruling federal-court habeas-corpus probative-evidence section-2254 state-court tenth-circuit
Key Terms:
HabeasCorpus
Latest Conference: 2021-09-27
Question Presented (AI Summary)

Did the Tenth Circuit err in holding that the admitted evidence at trial established the same probative facts as the rejected evidence, without determining that the probative facts were essentially the same?

Question Presented (OCR Extract)

QUESTION PRESENTED FOR REVIEW The Petitioner claimed on appeal that he was denied the constitutional right to present defense evidence at his state court trial, entitling him to relief under 28 U.S.C. §2254. The question presented is: Did the Tenth Circuit, on review of the denial of 28 U.S.C. §2254 petition, err in holding that evidence admitted at trial essentially established what the rejected evidence would have established, without determining that the probative facts established by the admitted and rejected evidence were essentially the same.

Docket Entries

2021-10-04
Petition DENIED.
2021-06-17
DISTRIBUTED for Conference of 9/27/2021.
2021-05-02
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 7, 2021)

Attorneys

Terry Holcomb, II
Barron Lindsey DerryberryFederal Public Defender, Petitioner
Barron Lindsey DerryberryFederal Public Defender, Petitioner