No. 21-7513

Jonathan Carvalho v. Steven Kenneway, Superintendent, Massachusetts Correctional Institution at Shirley

Lower Court: First Circuit
Docketed: 2022-03-31
Status: Denied
Type: IFP
Response WaivedIFP
Tags: aedpa-deference antiterrorism-effective-death-penalty-act arbitrary-decisions constitutional-reliability due-process judicial-discretion legal-standard lower-courts supreme-court trial-court-procedure
Latest Conference: 2022-05-19
Question Presented (from Petition)

Does the Supreme Court's leeway, and the Antiterrorism Effective Death Penalty Act ("AEDPA") deference, for lower courts to determine due process violations, yield arbitrary and conflicting decisions that, in turn, reduce due process to mere judicial whimsy, making trial-court-instructional-error-due-process-violation determinations freewheeling, unbound, and thus constitutionally unreliable? And, if so, does this case present the opportunity to correct that with clearly established guidance, where the ailing reasonable provocation instruction itself so infected the entire trial that the resulting conviction violated due process?

Question Presented (AI Summary)

Does the Supreme Court's leeway and the Antiterrorism Effective Death Penalty Act (AEDPA) deference for lower courts to determine due process violations yield arbitrary and conflicting decisions that reduce due process to mere judicial whimsy, making determinations freewheeling, unbound, and thus constitutionally unreliable?

Docket Entries

2022-05-23
Petition DENIED.
2022-05-04
DISTRIBUTED for Conference of 5/19/2022.
2022-04-29
Waiver of right of respondent Steven Kenneway to respond filed.
2022-03-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 2, 2022)

Attorneys

Jonathan Carvalho
Jonathan Carvalho — Petitioner
Steven Kenneway
Anna E. LumelskyMassachusetts Attorney General's Office, Respondent