No. 20-8063

Darius Theriot v. Bob Vashaw, Warden

Lower Court: Sixth Circuit
Docketed: 2021-05-18
Status: Denied
Type: IFP
Response RequestedRelisted (2)IFP
Tags: case-by-case-review constitutional-error federal-constitutional-error federal-habeas-corpus habeas-corpus merits-review plain-error state-court-ruling unpreserved-claim
Key Terms:
HabeasCorpus JusticiabilityDoctri
Latest Conference: 2021-11-12 (distributed 2 times)
Question Presented (AI Summary)

Whether a state court's ruling that an unpreserved claim of federal constitutional error does not meet the requirements of the 'plain error' standard is subject to case-by-case review in a federal habeas corpus proceeding to determine if the ruling rested primarily on, or was interwoven with, the merits of the claim

Question Presented (from Petition)

QUESTION PRESENTED Whether a state court’s ruling that an unpreserved claim of federal constitutional error does not meet the requirements of the “plain error” standard is subject to case-by-case review in a federal habeas corpus proceeding to determine if the ruling rested primarily on, or was interwoven with, the merits of the claim. i

Docket Entries

2021-11-15
Petition DENIED.
2021-10-28
DISTRIBUTED for Conference of 11/12/2021.
2021-10-27
Reply of petitioner Darius Theriot filed. (Distributed)
2021-10-13
Brief of respondent Vashaw, Bob in opposition filed.
2021-08-26
Motion to extend the time to file a response is granted and the time is extended to and including October 13, 2021.
2021-08-25
Motion to extend the time to file a response from September 13, 2021 to October 13, 2021, submitted to The Clerk.
2021-08-12
Response Requested. (Due September 13, 2021)
2021-07-01
DISTRIBUTED for Conference of 9/27/2021.
2021-05-14
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 17, 2021)

Attorneys

Darius Theriot
Christopher J. McGrathFederal Community Defender for the Eastern District of Michigan, Petitioner
Christopher J. McGrathFederal Community Defender for the Eastern District of Michigan, Petitioner
Vashaw, Bob
Fadwa A. HammoudMichigan Department of Attorney General, Respondent
Fadwa A. HammoudMichigan Department of Attorney General, Respondent