No. 23-6853

William Marcellus Campbell v. United States

Lower Court: Eighth Circuit
Docketed: 2024-02-28
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appellate-procedure certificate-of-appealability constitutional-rights due-process habeas-corpus judicial-review merits-determination procedural-denial standard-of-review
Key Terms:
HabeasCorpus
Latest Conference: 2024-03-22
Question Presented (AI Summary)

Whether a court of appeals must state the basis for denying a certificate of appealability

Question Presented (OCR Extract)

QUESTION(S) PRESENTED Whether, under this Court's holdings, in Miller-El v. Cockrell, 537 : U.S. 322 (2008), and Buck v. Davis, 580 U.S. 100 (2017), it is inadequate for a Court of Appeals to merely deny an application for Certificate of Appealability, without stating whether the denial is procedural, or on the merits, thereby preventing meaningful review. Especially when the applicant made a substantial showing of the denial of a Constitutional right, by showing as to each issue that reasonable jurists would find : the District Court's ruling debatable or wrong.

Docket Entries

2024-03-25
Petition DENIED.
2024-03-07
DISTRIBUTED for Conference of 3/22/2024.
2024-03-05
Waiver of right of respondent United States to respond filed.
2024-02-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 29, 2024)

Attorneys

United States
Elizabeth B. Prelogar — Respondent
Elizabeth B. PrelogarSolicitor General, Respondent
William M. Campbell
William Marcellus Campbell — Petitioner
William Marcellus Campbell — Petitioner