No. 22-6629

Keith Edmund Gavin v. John Q. Hamm, Commissioner, Alabama Department of Corrections

Lower Court: Eleventh Circuit
Docketed: 2023-01-26
Status: Denied
Type: IFP
IFP
Tags: aedpa aedpa-deference federal-constitutional-claim habeas habeas-corpus ineffective-assistance state-court-decision state-court-review state-law-evidentiary-rule strickland-standard strickland-v-washington
Key Terms:
DueProcess HabeasCorpus Punishment Securities
Latest Conference: 2023-04-28
Question Presented (AI Summary)

Whether AEDPA deference applies to state-court reasoning not articulated in the decision

Question Presented (from Petition)

QUESTIONS PRESENTED The Antiterrorism and Effective Death Penalty Act of 1996 (““AEDPA”) provides that habeas relief “shall not be granted with respect to any claim that was adjudicated on the merits” in state court unless, as relevant here, the state-court decision “was contrary to, or involved an unreasonable application of, clearly established Federal law.” 28 U.S.C. § 2254(d)(1). This petition presents three questions relating to whether and when AEDPA deference applies to a state-court decision: 1. Whether federal habeas courts must defer to reasoning that appears nowhere in a state-court decision. 2. Whether federal habeas courts evaluating a claim for ineffective assistance of counsel must defer to a state-court decision that applies a demonstrably incorrect standard of proof for prejudice under Strickland v. Washington, 466 U.S. 668 (1984). 3. Whether federal habeas courts must defer to a state-court’s resolution of a claim that rested exclusively on the application of a state-law evidentiary rule and did not resolve a habeas petitioner’s federal constitutional claim “on the merits.” i

Docket Entries

2023-05-01
Petition DENIED.
2023-04-13
DISTRIBUTED for Conference of 4/28/2023.
2023-04-12
2023-03-29
Brief of respondent Alabama in opposition filed.
2023-02-15
Motion to extend the time to file a response is granted and the time is extended to and including March 29, 2023.
2023-02-14
Motion to extend the time to file a response from February 27, 2023 to March 29, 2023, submitted to The Clerk.
2023-01-24
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 27, 2023)
2023-01-13
Application (22A533) denied by Justice Thomas.
2023-01-10
Application (22A533) to extend further the time from January 24, 2023 to February 23, 2023, submitted to Justice Thomas.
2022-12-15
Application (22A533) granted by Justice Thomas extending the time to file until January 24, 2023.
2022-12-13
Application (22A533) to extend the time to file a petition for a writ of certiorari from December 25, 2022 to February 23, 2023, submitted to Justice Thomas.

Attorneys

Keith Edmund Gavin
Steven Joseph HorowitzSidley Austin LLP, Petitioner
Steven Joseph HorowitzSidley Austin LLP, Petitioner
State of Alabama
Beth Jackson HughesOffice of the Attorney General, Respondent
Beth Jackson HughesOffice of the Attorney General, Respondent