No. 23-6695

Douglas W. Curtis v. Brian Eller, Warden

Lower Court: Sixth Circuit
Docketed: 2024-02-07
Status: Denied
Type: IFP
Response WaivedIFP
Tags: aedpa appellate-review due-process fourteenth-amendment novel-state-procedural-default plea-offer procedural-default standard-of-review state-procedural-default
Key Terms:
DueProcess HabeasCorpus Patent
Latest Conference: 2024-03-15
Question Presented (AI Summary)

Whether Petitioner was denied his Fourteenth Amendment right to the Due Process of Law

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1) Whether Petitioner was denied his Fourteenth Amendment right to the Due Process of Law when the Sixth Circuit Appellate Court denied at, 5 } relief without having the Record on Appeal before it to review the = District Court’s clearly erroneous determinations for “clear error.” ; 2) Whether the Sixth Circuit Court of Appeals reached a decision that was contrary to existing U.S. Supreme Court precedent, and directly conflicted with findings of its sister circuits in similar cases on the issue of “novel” state procedural default determinations, and the relevant standard of review? 8) Whether Petitioner was denied his Fourteenth Amendment right to the Due Process of Law, and the AEDPA sanctioned “one bite of the apple” when the Sixth Circuit applied deference to a constitutional claim supplanted by the state appeals court, who then adjudicated “4 their own supplanted claim rather than the actual claim properly ' ; presented to them concerning the rejection of a plea-offer? i j *ji

Docket Entries

2024-03-18
Petition DENIED.
2024-02-29
DISTRIBUTED for Conference of 3/15/2024.
2024-02-20
Waiver of right of respondent Eller, Warden to respond filed.
2024-01-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 8, 2024)

Attorneys

Douglas W. Curtis
Douglas W. Curtis — Petitioner
Douglas W. Curtis — Petitioner
Eller, Warden
Nicholas Scott BolducOffice of the Tennessee Attorney General , Respondent
Nicholas Scott BolducOffice of the Tennessee Attorney General , Respondent