No. 21-6580

Kevin Johnson v. Troy Steele, Warden

Lower Court: Eighth Circuit
Docketed: 2021-12-13
Status: Denied
Type: IFP
IFP
Tags: appellate-review batson-claim Batson-v-Kentucky capital-habeas capital-punishment certificate-of-appealability certificates-of-appealability eighth-circuit habeas-corpus ineffective-assistance ineffective-assistance-of-counsel Martinez-v-Ryan
Key Terms:
HabeasCorpus Punishment JusticiabilityDoctri
Latest Conference: 2022-03-18
Question Presented (AI Summary)

Does the Eighth Circuit's practice of issuing unexplained blanket denials of certificates of appealability in capital habeas cases conflict with 28-U.S.C-2253, Miller-El-v-Cockrell, Hohn-v-United-States

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Does the Eighth Circuit’s practice of issuing unexplained blanket denials of certificates of appealability in capital habeas cases conflict with 28 U.S.C.§ 2253, and this Court’s decisions in Mi//er-El v. Cockrell, 537 U.S. 322 (2003), and Hohn v. United States, 524 U.S. 236 (1998), by preventing a condemned prisoner from obtaining meaningful appellate review on a first habeas corpus petition? 2. Was the denial of a COA proper on Petitioner’s claim under Batson v. Kentucky, 476 U.S. 79 (1986), when the state court reasoned that St. Louis County’s history of Batson violations was irrelevant without a specific connection to Petitioner’s case? 3. Was the denial of a COA proper on Petitioner’s claim that trial counsel performed ineffectively by failing to investigate and present evidence of the impact of pervasive community violence, including that perpetrated by the police — a claim that the district court said was not “substantial” under Martinez v. Ryan, 566 U.S. 1 (2012), simply because trial counsel presented unrelated evidence of child abuse and neglect suffered by Petitioner? i

Docket Entries

2022-03-21
Petition DENIED.
2022-02-24
DISTRIBUTED for Conference of 3/18/2022.
2022-02-21
Reply of petitioner Kevin Johnson filed.
2022-02-09
Brief of respondent Troy Steele in opposition filed.
2022-01-11
Motion to extend the time to file a response is granted and the time is extended to and including February 9, 2022.
2022-01-10
Motion to extend the time to file a response from January 12, 2022 to February 9, 2022, submitted to The Clerk.
2021-12-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 12, 2022)

Attorneys

Kevin Johnson
Joseph W. LubyFederal Community Defender Office, E.D. Pa., Petitioner
Troy Steele
Andrew Jacob CraneMissouri Attorney General's Office, Respondent
Patrick Joseph LoganMissouri Attorney General's Office, Respondent