No. 21-6619

Jeremiah Y. Nation v. Scott R. Frakes, Director, Nebraska Department of Correctional Services

Lower Court: Eighth Circuit
Docketed: 2021-12-15
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appellate-jurisdiction certificate-of-appealability constitutional-violation evidentiary-hearing fourth-amendment habeas-corpus judicial-process legal-review procedural-grounds procedural-review state-court state-court-petition
Latest Conference: 2022-02-18
Question Presented (AI Summary)

Should a Certificate of Appealability be issued on a Fourth Amendment claim in a Habeas Corpus petition where there was a dispute in the U.S. District Court regarding whether or not the State Court held an evidentiary hearing on the claim, and the petition was dismissed on procedural grounds?

Question Presented (OCR Extract)

QUESTION(S) PRESENTED oo HN) Should a Cockihicate of Appealabbithy be issued ona Fourth , Amendment claim im a Helbeas Cexpus pedtion VE Vnece twos a dispute in Bre OS. Diskeick Couck regarding whelhec or not We Shake Couck held an eviidentiacy \eacing on the claim, ond dhe | peldion as dvomissed on pe ocedura\ gcounds? | AN) Ts ow evidenkiacy hearing cequiced on % constitutional vi dloki on Clara wexe Mee Nacks axe v0 dispute ? 3) Should o U.S. Couch of \ppeals male findings of reason when ISsuing oc denying an application Soc a Cod Sicabe of Nopealabitry

Docket Entries

2022-02-22
Petition DENIED.
2022-01-13
DISTRIBUTED for Conference of 2/18/2022.
2022-01-10
Waiver of right of respondent Frakes, Dir., NE DOC to respond filed.
2021-12-01
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 14, 2022)

Attorneys

Frakes, Dir., NE DOC
James A. CampbellNebraska Attorney General's Office, Respondent
James A. CampbellNebraska Attorney General's Office, Respondent
Jeremiah Y. Nation
Jeremiah Y. Nation — Petitioner
Jeremiah Y. Nation — Petitioner