No. 22-6498

Joseph T. Shine-Johnson v. David W. Gray, Warden

Lower Court: Sixth Circuit
Docketed: 2023-01-09
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: agency counsel-appointment discretionary-review due-process federal-appellate-review habeas-corpus indigent-counsel sixth-amendment state-government
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2023-04-28 (distributed 2 times)
Question Presented (AI Summary)

Whether due process extends to the State government opting to assign an indigent petitioner appointed counsel on discretionary Review and if due process requires the government appointed counsel conduct to meet the sixth amendment standard on discretionary review or at a minimum laws of agency

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Whether due process extends to the State government opting to assign an indigent petitioner appointed counsel on discretionary Review and if due process requires the government appointed counsel conduct to meet the sixth amendment standard on discretionary review or at a minimum laws of agency? 2. Did the United States Court of Appeals for the Sixth Circuit impose an improper and unduly burdensome certificate of Appealibilty (COA) standard that contravenes this courts precedent and deepens a three circuit split when it denied Shine-Johnson COA to review his 2254 Habeas petition? 3. When, or Whether, the Federal Due Process Clause requires a State to apply a new interpretation of a state criminal statute retroactively to cases pending on direct review or Collateral Review? 4. When the federal appellate courts fail to apply the proper standard of review, pursuant to clearly established United State supreme court law as set forth in Bradshaw v. Richey, 546 U.S. 74, Is the petitioner denied federal due process where the federal court's decision is in conflict with the state’s highest court? li

Docket Entries

2023-05-01
Rehearing DENIED.
2023-04-12
DISTRIBUTED for Conference of 4/28/2023.
2023-03-08
2023-02-21
Petition DENIED.
2023-01-19
DISTRIBUTED for Conference of 2/17/2023.
2023-01-11
Waiver of right of respondent David W. Gray to respond filed.
2022-11-29
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 8, 2023)

Attorneys

David W. Gray
Benjamin Michael FlowersOhio Attorney General Dave Yost, Respondent
Benjamin Michael FlowersOhio Attorney General Dave Yost, Respondent
Joseph T. Shine-Johnson
Joseph T. Shine-Johnson — Petitioner
Joseph T. Shine-Johnson — Petitioner