No. 23-6224

Terry Daum v. Joseph Corey, Superintendent, Auburn Correctional Facility

Lower Court: Second Circuit
Docketed: 2023-12-11
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 28-usc-2244 appellate-procedure brady-v-maryland certificate-of-appealability clear-and-convincing-evidence federal-statute gatekeeping-standard habeas-corpus reasonable-probability sawyer-v-whitley
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2024-01-19
Question Presented (AI Summary)

Does the 'reasonable probability' standard, established in Brady v. Maryland, conflict with the 'clear and convincing evidence' criteria, defined under Sawyer v. Whitley, once a petitioner initially meets the high bar regarding a 28 U.S.C. §2244(b) application?

Question Presented (from Petition)

QUESTION(S) PRESENTED FIRST QUESTION: Does the "“reassnable probabil ty Standard, established in Bradvy Vv. Maryland, conflict with the “clear and convincing evidence” criteria, detined under Sawyer v. White ty , , once a petitioner Ini tially meets the hiah bar : regarding a 28 U.S.¢. *2244 (6) app tiication ? SECOND QUESTION : Does the denial of a Certificate of Appealability application pursuant f 28 U.S.¢.*2253 (ed, contliet | with the Clear and convincing evidende | Standard, that was met by petitioner through gatekeepers 2? 7

Docket Entries

2024-01-22
Petition DENIED.
2024-01-04
DISTRIBUTED for Conference of 1/19/2024.
2024-01-02
Waiver of right of respondent Joseph Corey, Superintendent to respond filed.
2023-12-04
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 10, 2024)

Attorneys

Joseph Corey, Superintendent
Thomas Benjamin LitskyRichmond County District Attorney's Office, Respondent
Thomas Benjamin LitskyRichmond County District Attorney's Office, Respondent
Terry Daum
Terry Daum — Petitioner
Terry Daum — Petitioner