Whether a state court's dismissal of a habeas petitioner's claim under the U.S. Constitution for failure to plead sufficient 'material facts' under a state pleading standard is a decision interwoven with federal law

QUESTIONS PRESENTED 1. Whether a state court’s dismissal of a habeas petitioner’s claim under the U.S. Constitution for failure to plead sufficient “material facts” under a state pleading standard is a decision interwoven with federal law. 2. Whether a state court satisfies the “plain statement” requirement of Harris v. Reed by invoking a state procedural rule without applying it, after adjudicating a habeas petitioner’s claim on the merits. ii LIST OF PROCEEDINGS Direct Proceedings Below United States District Court for the Eastern District of Wisconsin No. 12-cv-486 Peter Whyte, Petitioner, v. Dan Winkleski, Respondent Judgment Date: July 29, 2020 United States Court of Appeals for the Seventh Circuit No. 21-1268 Peter Whyte, v. Dan Winkleski, Warden, Respondent-Appellee Judgment Date: May 19, 2022 Rehearing Denial Date: August 11, 2022 iii Initial Proceedings and Direct Review Conviction State of Wisconsin Circuit Court, Branch 1, St. Croix County # 2006CF000399 Gudgment of conviction) State of Wisconsin vs. Peter Gamble Whyte Judgment Date: November 12, 2007 (conviction) State of Wisconsin, Court of Appeals, District IIT No. 2009AP1245-CR, published at 330 Wis.2d 496 State of Wisconsin v. Peter Gamble Whyte Judgment Date: October 26, 2010 Direct Appeal Supreme Court of Wisconsin No. 2009 AP1245-CR, published at 331 Wis.2d 46, 794 N.W.2d 900 (Table), 2011 WI 15 State v. Whyte L.C.#2006CF399 Judgment Date: February 7, 2011 (petition for review denied) Supreme Court of the United States No. 10-10538, published at 564 U.S. 1027, 131 S.Ct. 3041 (Mem), 180 L.Ed.2d 859, 79 USLW 3711 Peter Whyte v. Wisconsin Judgment Date: June 20, 2011 (certiorari denied) iv State Collateral Review Wisconsin Court of Appeals, District III No. 2013AP1272, published at 364 Wis.2d 405, 866 N.W.2d 404 (Table), 2015 WL 2192808, 2015 WI App 52 Wisconsin v. Peter Gamble Whyte Judgment Date: May 12, 2015 (denial of petition under Wis. Stat. § 974.06) Supreme Court of Wisconsin No. 2013AP1272, published at 365 Wis.2d 742, 872 N.W.2d 668 (Table), 2016 WI 2 State v. Whyte L.C.#2006CF399 Judgment Date: November 4, 2015 (denial of petition for review) Wisconsin Court of Appeals, District III No. 2015AP2615-W State of Wisconsin ex rel. Peter Gamble Whyte v. Timothy Douma (L.C. #2006CF399) Judgment Date: March 31, 2016 (denial of petition for writ of habeas corpus) Supreme Court of Wisconsin No. 2015AP2615-W, published at 371 Wis.2d 612, 887 N.W.2d 895 (Table), 2016 WI 81 Whyte v. Douma L.C.#2006CF399 Judgment Date: June 15, 2016 (denial of petition for review)