No. 21-475

Deanna Brookhart, Warden v. Kenneth Smith

Lower Court: Seventh Circuit
Docketed: 2021-09-28
Status: Denied
Type: Paid
Response RequestedRelisted (2) Experienced Counsel
Tags: 28-usc-2254 appellate-review evidence-sufficiency evidence-weighing federal-habeas habeas-corpus habeas-relief jackson-v-virginia reasonable-doubt standard-of-review state-court-deference
Key Terms:
HabeasCorpus
Latest Conference: 2022-03-25 (distributed 2 times)
Question Presented (AI Summary)

Whether the Seventh Circuit violated 28 U.S.C. § 2254(d)'s strictures in awarding habeas relief to respondent based on its own reweighing of the evidence rather than deferring to the state court's contrary view

Question Presented (OCR Extract)

QUESTION PRESENTED Respondent Kenneth Smith has been tried and convicted on three separate occasions for Raul Briseno’s murder. During the last two trials, the jury heard and rejected evidence that another group of people committed the murder. On appeal from the jury’s most recent verdict, the Illinois Appellate Court issued an exhaustive 93-page opinion that carefully considered and rejected each of respondent’s asserted errors. But the Seventh Circuit nonetheless granted habeas relief, reasoning that the state appellate court had unreasonably applied Jackson v. Virginia, 443 U.S. 307 (1979), in upholding the jury’s verdict. According to the Seventh Circuit, although it did not intend to “adjudicate the [alternative suspects’ guilt,” the evidence implicating these suspects—evidence the jury heard and rejected—“cast[] a powerful reasonable doubt” on the State’s theory that respondent committed the murder, such that “no rational trier of fact” could have reached the verdict the jury did. App. 30a (emphasis in original). The question presented is whether the Seventh Circuit violated 28 U.S.C. § 2254(d)’s strictures in awarding habeas relief to respondent based on its own reweighing of the evidence rather than deferring to the state court’s contrary view.

Docket Entries

2022-03-28
Petition DENIED.
2022-03-09
DISTRIBUTED for Conference of 3/25/2022.
2022-03-09
Reply of petitioner Deanna Brookhart filed. (Distributed)
2022-02-22
Brief of respondent Kenneth Smith in opposition filed.
2022-01-25
Motion to extend the time to file a response is granted and the time is further extended to and including February 22, 2022. See Rule 30.1.
2022-01-24
Motion to extend the time to file a response from January 31, 2022 to February 21, 2022, submitted to The Clerk.
2021-12-16
Motion to extend the time to file a response is granted and the time is extended to and including January 31, 2022. See Rule 30.1.
2021-12-14
Motion to extend the time to file a response from December 30, 2021 to January 29, 2022, submitted to The Clerk.
2021-11-30
Response Requested. (Due December 30, 2021)
2021-11-16
DISTRIBUTED for Conference of 12/3/2021.
2021-09-24
Petition for a writ of certiorari filed. (Response due October 28, 2021)

Attorneys

Deanna Brookhart
Jane Elinor NotzOffice of the Attorney General, State of Illinois, Petitioner
Jane Elinor NotzOffice of the Attorney General, State of Illinois, Petitioner
Kenneth Smith
David Jimenez-EkmanJenner & Block LLP, Respondent
David Jimenez-EkmanJenner & Block LLP, Respondent