No. 21-5025

James Galen Hanna v. Tim Shoop, Warden

Lower Court: Sixth Circuit
Docketed: 2021-07-07
Status: Denied
Type: IFP
IFP
Tags: 28-usc-2244 abuse-of-writ banister-v-davis due-process federal-statute habeas-corpus judicial-review procedural-law second-or-successive second-or-successive-petition
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2021-09-27
Question Presented (AI Summary)

When a petition for writ of habeas corpus presents claims that do not constitute an 'abuse of the writ,' is it a 'second or successive' petition under 28 U.S.C. § 2244?

Question Presented (from Petition)

QUESTIONS PRESENTED 1. When a petition for writ of habeas corpus presents claims that do not constitute an “abuse of the writ,” is it a “second or successive” petition under 28 U.S.C. § 2244? Compare Banister v. Davis, 590 U.S. __, ___ (2020) (slip op. at 7) 2. Is a petition for writ of habeas corpus “second or successive” when it presents claims that a petitioner had no fair opportunity to raise in an initial habeas petition? See Banister v. Davis, 590 U.S. at ___ (slip op. at 1); Magwood v. Patterson, 561 U.S. 320, 343 (2010) (Breyer, J., concurring); Jd. at 346 (Kennedy, J., dissenting); Halprin v. Davis, 589 U.S. __, ___ (2020) (slip op. at 3) (Statement of Sotomayor, J.) 3. Is petitioner’s petition for writ of habeas corpus “second or successive,” where it presents claims he had no fair opportunity to raise in his initial petition, where he has not abused the writ, and where it is not his fault that such claims were not raised in his prior application, given initial federal habeas counsel’s conflict of interest? i

Docket Entries

2021-10-04
Petition DENIED.
2021-09-13
Supplemental brief of petitioner James Hanna filed. (Distributed)
2021-08-12
DISTRIBUTED for Conference of 9/27/2021.
2021-08-11
Reply of petitioner James Hanna filed. (Distributed)
2021-07-23
Brief of respondent Tim Shoop, Warden in opposition filed.
2021-07-01
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 6, 2021)

Attorneys

James Hanna
Paul Rudolph BotteiOffice of the Federal Public Defender, Petitioner
Paul Rudolph BotteiOffice of the Federal Public Defender, Petitioner
Tim Shoop, Warden
Benjamin Michael FlowersOhio Attorney General Dave Yost, Respondent
Benjamin Michael FlowersOhio Attorney General Dave Yost, Respondent