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
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2022-05-19
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?

Question Presented (OCR Extract)

QUESTIONS PRESENTED . 4 . Does the Supreme Court's leeway, 1 and the Antiterrorism Effective Death , : | Penalty Act ("AEDPA") deference, for :, lower courts to determine due process : : violations, yield arbitrary and confl. ; ; icting decisions that, in turn, reduce , : ) due process to mere judicial whimsy, making determinations . freewheeling, unbound, and thus constitutionally unreliable? And, if so, does this case present the opportunity ao to correct that with clearly established . : ; guidance, where the ailing reasonable . : ; provocation instruction itself so in; _ fected the entire trial that the result; ‘ ing conviction violated due process? ‘ : eS | LISTOF PARTIES © _» ° £X] All parties appear in the caption of the case on the cover page. Te . : . [.] All parties do not appear in the caption ‘of the case on the cover page. A list of 7 : all

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