No. 22-6177

Sanders McDaniel Carter v. Dexter Payne, Director, Arkansas Division of Correction

Lower Court: Eighth Circuit
Docketed: 2022-11-30
Status: Denied
Type: IFP
Response WaivedIFP
Tags: aedpa brady-vs-maryland certificate-of-appealability federal-habeas-corpus habeas-corpus rule-60
Key Terms:
HabeasCorpus
Latest Conference: 2023-01-06
Question Presented (AI Summary)

Did the United States Court of Appeals for the Eighth Circuit impose an improper and unduly burdensome Certificate of Appealability (COA) standard

Question Presented (OCR Extract)

QUESTION(S) PRESENTED Did the United States Court of Appeals for the Eighth Circuit impose an improper and unduly burdensome Certificate of Appealability (COA) standard that contravened, the Supreme Court’s precedents in , Brady v. Maryland, 373 U.S. 83 (1963), and created a divergent from the gatekeeping provision established by Congress in 1996, 28 U.S.C.A. §2255(h)(i), Antiterrorism and Effective Death Penalty Act (AEDPA), when the U.S. District Court Judge denied Carter’s motion to reopen, Carter’s case, via an independent action by the court pursuant to Rule 60(d)(1), of the FED.R.Civ.P., and obtain federal habeas corpus review of his Brady violation claim?

Docket Entries

2023-01-09
Petition DENIED.
2022-12-22
DISTRIBUTED for Conference of 1/6/2023.
2022-12-16
Waiver of right of respondent Dexter Payne to respond filed.
2022-11-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 30, 2022)

Attorneys

Dexter Payne
Michael Anthony CantrellOffice of the Arkansas Attorney General, Respondent
Sanders McDaniel Carter
Sanders McDaniel Carter — Petitioner