No. 23-5964

William Glenn Rogers v. Zac Pounds, Warden

Lower Court: Sixth Circuit
Docketed: 2023-11-06
Status: Denied
Type: IFP
IFP Experienced Counsel
Tags: 28-usc-2254 constitutional-review criminal-procedure habeas-corpus ineffective-assistance ineffective-assistance-of-counsel penalty-phase prejudice-standard prejudice-test strickland-standard strickland-v-washington
Key Terms:
HabeasCorpus Punishment
Latest Conference: 2024-02-16
Question Presented (AI Summary)

Is application of a prejudice standard that requires a habeas petitioner to 'eliminate or completely discredit' the prosecution's trial evidence in order to prevail on a claim ineffective assistance of counsel during the penalty phase contrary to or an unreasonable application of Strickland v. Washington, 466 U.S. 668 (1984)?

Question Presented (from Petition)

QUESTIONS PRESENTED 1. Is application of a prejudice standard that requires a habeas petitioner to “eliminate or completely discredit” the prosecution’s trial evidence in order to prevail on a claim ineffective assistance of counsel during the penalty phase contrary to or an unreasonable application of Strickland v. Washington, 466 U.S. 668 (1984)? 2. Is a federal court free to ignore the reasoned decision of a state court, in favor of substituting its own basis for the outcome of that decision, when it is clear that the state court’s decision is unreasonable under 28 U.S.C. § 2254(d)?

Docket Entries

2024-02-20
Petition DENIED.
2024-01-25
DISTRIBUTED for Conference of 2/16/2024.
2024-01-22
Reply of petitioner William Glenn Rogers filed.
2024-01-05
Brief of respondent Zac Pounds, Warden in opposition filed.
2023-11-09
Motion to extend the time to file a response is granted and the time is extended to and including January 5, 2024.
2023-11-08
Motion to extend the time to file a response from December 6, 2023 to January 5, 2024, submitted to The Clerk.
2023-11-02
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 6, 2023)
2023-08-16
Application (23A134) granted by Justice Kavanaugh extending the time to file until November 2, 2023.
2023-08-10
Application (23A134) to extend the time to file a petition for a writ of certiorari from September 3, 2023 to November 2, 2023, submitted to Justice Kavanaugh.

Attorneys

William Glenn Rogers
Kelley Jane HenryFederal Public Defender, Middle District of TN, Petitioner
Kelley Jane HenryFederal Public Defender, Middle District of TN, Petitioner
Zac Pounds
James Matthew RiceOffice of Tennessee Attorney General, Respondent
James Matthew RiceOffice of Tennessee Attorney General, Respondent