No. 23-7276

Robert Dwayne Smith v. Amy Robey, Warden

Lower Court: Sixth Circuit
Docketed: 2024-04-19
Status: Denied
Type: IFP
Response WaivedIFP
Tags: fifth-amendment fourteenth-amendment habeas-corpus ineffective-assistance-of-counsel procedural-default sixth-amendment sixth-circuit
Key Terms:
DueProcess HabeasCorpus Privacy
Latest Conference: 2024-05-16
Question Presented (AI Summary)

Did the court of appeals erroneously deny petitioner's habeas corpus petition due to procedural default without reviewing the record and basing its decision on the district court's findings

Question Presented (OCR Extract)

QUESTION(S) PRESENTED DID THE COURT OF APPEALS FOR THE SIXTH CIRCUIT ERRONEOUSLY DENY PETITIONERS HABEAS CORPUS PETITION BECAUSE OF PROCEDURAL DEFAULT . WITHOUT REVIEWING THE RECORD AS WELL AS BASING ITS DECISION ON THE UNITED STATES DISTRICT COURTS FINDINGS IN VIOLATION OF THE FIFTH AND FOURTEENTH AMENDMENT RIGHTS TO THE UNITED STATES CONSTITUTION. DID THE COURT OF APPEALS FOR THE SIXTH CIRCUIT ERRONEOUSLY DENIED PETITIONER INEFFECTIVE ASSISTANCE OF COUNSEL PETITION WITHOUT REVIEWING THE RECORD OF THE CASE WHERE PETITIONER WAS CHARGED WITH ROBBERY IN THE FIRST-DEGREE UNDER KENTUCKY REVISED STATUTE (KRS) 515.020. PRIOR TO TRIAL, COUNSEL WAS IN VIOLATION OF THE FIFTH AND SIXTH AMENDMENT RIGHTS TO THE UNITED STATES CONSTITUTION, AND; CLEARLY ; ‘ ESTABLISHED FEDERAL LAW, AS DETERMINED BY THE SUPREME COURT OF THE UNITED STATES UNDER THE STRICKLAND STANDARD. DID THE COURT OF APPEALS FOR THE SIXTH CIRCUIT ERRONEOUSLY DENY PETITIONERS HABEAS CORPUS PETITION BECAUSE OF PROCEDURAL DEFAULT WITHOUT REVIEWING THE RECORD AS WELL AS BASING ITS DECISION ON THE UNITED STATES DISTRICT COURTS FINDINGS WITHOUT REVIEW THESE ARGUMENT ON THE MERITS OF THE CASE IN VIOLATION OF THE FIFTH AND FOURTEENTH AMENDMENT RIGHTS TO THE UNITED STATES CONSTITUTION.

Docket Entries

2024-05-20
Petition DENIED.
2024-05-01
DISTRIBUTED for Conference of 5/16/2024.
2024-04-25
Waiver of right of respondent Amy Robey to respond filed.
2024-04-03
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 20, 2024)

Attorneys

Amy Robey
Todd Dryden FergusonOffice of the Attorney General, Respondent
Todd Dryden FergusonOffice of the Attorney General, Respondent
Robert D. Smith
Robert Dwayne Smith — Petitioner
Robert Dwayne Smith — Petitioner