No. 22-6463

Sherman Johnson, Jr. v. United States

Lower Court: Eighth Circuit
Docketed: 2023-01-05
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appellate-jurisdiction brady-violation certificate-of-appealability district-court-jurisdiction due-process eighth-circuit-court exculpatory-evidence habeas-corpus ineffective-assistance-of-counsel title-28-usc-2253 title-28-usc-2255
Key Terms:
HabeasCorpus
Latest Conference: 2023-02-17
Question Presented (AI Summary)

Jurisdiction-to-address-non-adjudicated-claims

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW When the District Court denies a Title 28 U.S.C. § 2255, all the claims must be addressed. This Court in Wachovia Bank v. Schmidt, 546 U.S. 303, 316, 126 S. Ct. 941, 163 L. Ed. 2d 797 (2006) determined that an appeals court lacks jurisdiction to address non-adjudicated claims. With this introduction the following question is presented for review: I. Did the Eight Circuit Court of Appeals have jurisdiction to deny or address the claims raised on Johnson’s Title 28 U.S.C. § 2253 in his request for a Certificate of Appealability when the District Court did not address and/or deny the claims in the original title 28 U.S.C. § 2255. Il. Should a writ of certiorari be granted to determine if Strickland v. Washington, 466 U.S. 668, 104 S. Ct. 2052 (1984) if the Eight Circuit erred in not granting a Certificate of Appealability, even though the record was inconclusive on the allegations. III. Should a writ of certiorari be granted to determine if a Brady v. Maryland, 373 U.S. 83 (1963) violation occurs when the government withholds a substantial number of exculpatory items that were crucial for the defense pe

Docket Entries

2023-02-21
Petition DENIED.
2023-01-19
DISTRIBUTED for Conference of 2/17/2023.
2023-01-11
Waiver of right of respondent United States to respond filed.
2022-12-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 6, 2023)

Attorneys

Sherman Johnson
Sherman Johnson Jr. — Petitioner
Sherman Johnson Jr. — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent