No. 21-6752

Franklin McPherson v. William Keyser, Jr., Superintendent, Sullivan Correctional Facility

Lower Court: Second Circuit
Docketed: 2022-01-04
Status: Denied
Type: IFP
IFP Experienced Counsel
Tags: AEDPA-deference cause-and-prejudice circuit-split de-novo-review habeas-corpus ineffective-assistance ineffective-assistance-of-counsel procedural-default
Key Terms:
HabeasCorpus Punishment JusticiabilityDoctri
Latest Conference: 2022-03-04
Question Presented (AI Summary)

Does de novo review or AEDPA deference apply when a habeas petitioner advances a claim of ineffective assistance of counsel as cause to excuse a procedural default?

Question Presented (OCR Extract)

Questions Presented 1. Does de novo review or AEDPA deference apply when a habeas petitioner advances a claim of ineffective assistance of counsel as cause to excuse a procedural default? 2. When a state court rules that a claim is procedurally defaulted and “in any event” not meritorious, will this Court presume that the claim was adjudicated on the merits? 1

Docket Entries

2022-03-07
Petition DENIED.
2022-02-17
DISTRIBUTED for Conference of 3/4/2022.
2021-12-22
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 3, 2022)

Attorneys

Franklin McPherson
Jamesa J. DrakeDrake Law LLC, Petitioner