No. 21-6720

Ali Al-Maqablh v. Daniel Cameron, Attorney General of Kentucky

Lower Court: Sixth Circuit
Docketed: 2021-12-23
Status: Denied
Type: IFP
Response WaivedIFP
Tags: aedpa appellate-jurisdiction due-process federal-review habeas-corpus habeas-relief jackson-standard jackson-v-virginia mixed-question state-law
Key Terms:
DueProcess HabeasCorpus JusticiabilityDoctri
Latest Conference: 2022-02-18
Question Presented (AI Summary)

When does AEDPA grant habeas petitioners complete relief or just review?

Question Presented (from Petition)

QUESTIONS PRESENTED 1. When enacted the AEDPA, did Congress intend to grant habeas petitioners, who surmount AEDPA’s strict standards, a complete habeas relief, or just the opportunity to have their conviction reviewed by a federal habeas court? If the latter, what does this sort of “past-AEDPA-bar” review look like when it involves a due process claim under Jackson v. Virginia, 443 U.S. 307 (1979)? Does a review of this sort involve a question of law, facts, or a mixed question of law and facts? i. Can habeas reviewing courts act as a court of first instance, affirm the denial of habeas relief on alternative grounds, conduct an independent review of unpreserved issues, interpret state law, overlook the state supreme court’s rulings, and foreclose the opportunity on a petitioner to appeal? 1

Docket Entries

2022-02-22
Petition DENIED.
2022-01-20
DISTRIBUTED for Conference of 2/18/2022.
2022-01-13
Waiver of right of respondent Bobby Temple to respond filed.
2021-12-17
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 24, 2022)
2021-10-13
Application (21A70) granted by Justice Kavanaugh extending the time to file until December 19, 2021.
2021-10-05
Application (21A70) to extend the time to file a petition for a writ of certiorari from October 20, 2021 to December 19, 2021, submitted to Justice Kavanaugh.

Attorneys

Ali Al-Maqablh
Michael Richard SlaughterMichael R. Slaughter, Attorney at Law, Petitioner
Michael Richard SlaughterMichael R. Slaughter, Attorney at Law, Petitioner
Bobby Temple
Perry Thomas RyanAssistant Attorney General, Respondent
Perry Thomas RyanAssistant Attorney General, Respondent