No. 21-1587

Tim Shoop, Warden v. Jeronique D. Cunningham

Lower Court: Sixth Circuit
Docketed: 2022-06-23
Status: Denied
Type: Paid
Amici (1)Relisted (6) Experienced Counsel
Tags: aedpa circuit-precedent evidentiary-hearing federal-evidence-rule federal-law habeas-relief sixth-circuit state-court-ruling
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2022-11-10 (distributed 6 times)
Question Presented (AI Summary)

Whether the Sixth Circuit erred in granting habeas relief based on an alleged misapplication of its own circuit precedent

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. AEDPA generally prohibits courts from awarding habeas relief to state prisoners. It lifts that prohibition with respect to prisoners in custody because of a state-court ruling that was “contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States.” 28 U.S.C. §2254(d)(1). Did the Sixth Circuit err by granting habeas relief based on an alleged misapplication of its own circuit precedent? 2. If the requirements for a federal evidentiary hearing are otherwise satisfied, but Federal Rule of Evidence 606(b)(1) forbids considering the only evidence supporting an evidentiary hearing, must a court hold the hearing regardless?

Docket Entries

2022-11-14
Petition DENIED. Justice Thomas, with whom Justice Alito and Justice Gorsuch join, dissenting from denial of certiorari. (Detached <a href = 'https://www.supremecourt.gov/opinions/22pdf/21-1587_5468.pdf'>Opinion</a>)
2022-11-14
Motion for leave to proceed in forma pauperis filed by respondent GRANTED.
2022-11-07
DISTRIBUTED for Conference of 11/10/2022.
2022-10-31
DISTRIBUTED for Conference of 11/4/2022.
2022-10-24
DISTRIBUTED for Conference of 10/28/2022.
2022-10-11
DISTRIBUTED for Conference of 10/14/2022.
2022-10-03
DISTRIBUTED for Conference of 10/7/2022.
2022-08-31
Letter of respondent Jeronique D. Cunningham received. (Distributed)
2022-08-31
Letter of petitioner Tim Shoop received. (Distributed)
2022-08-31
DISTRIBUTED for Conference of 9/28/2022.
2022-08-23
Reply of petitioner Tim Shoop, Warden filed.
2022-08-17
Brief of respondent Jeronique D. Cunningham in opposition filed.
2022-08-17
Motion for leave to proceed in forma pauperis filed by respondent Jeronique D. Cunningham.
2022-07-25
Brief amici curiae of Kentucky, et al. filed.
2022-07-06
Motion to extend the time to file a response is granted and the time is extended to and including August 17, 2022.
2022-07-05
Motion to extend the time to file a response from July 18, 2022 to August 17, 2022, submitted to The Clerk.
2022-06-16
Petition for a writ of certiorari filed. (Response due July 25, 2022)

Attorneys

Jeronique D. Cunningham
Michael John BenzaLaw Office of Michael J. Benza, Inc, Respondent
Michael John BenzaLaw Office of Michael J. Benza, Inc, Respondent
Kentucky, Alabama, Arizona, Arkansas, Idaho, Indiana, Kansas, Louisiana, Mississippi, Missouri, Montana, Nebraska, South Carolina, South Dakota, Texas, Utah, and West Virginia
Brett Robert NolanOffice of the Kentucky Attorney General, Amicus
Brett Robert NolanOffice of the Kentucky Attorney General, Amicus
Tim Shoop
Benjamin Michael FlowersOhio Attorney General Dave Yost, Petitioner
Benjamin Michael FlowersOhio Attorney General Dave Yost, Petitioner