No. 20-8063
Darius Theriot v. Bob Vashaw, Warden
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
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
Vashaw, Bob
Fadwa A. Hammoud — Michigan Department of Attorney General, Respondent
Fadwa A. Hammoud — Michigan Department of Attorney General, Respondent