No. 23-6853
William Marcellus Campbell v. United States
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
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. Prelogar — Solicitor General, Respondent