No. 23-7467

Joseph Thomas Saari v. Kris Rish, Warden

Lower Court: Eighth Circuit
Docketed: 2024-05-14
Status: Denied
Type: IFP
Response WaivedIFP
Tags: aedpa certificate-of-appealability constitutional-error first-amendment mootness retroactivity right-to-jury-trial sixth-amendment
Key Terms:
HabeasCorpus
Latest Conference: 2024-09-30
Question Presented (AI Summary)

Question not identified

Question Presented (OCR Extract)

QUESTION(S) PRESENTED ; This case presents important nationwide issue[s] concerning two separate First Amendment claims, and if there is a bright line limitaion between Sixth Amendment--right to Jury Trial--claims that are either harmless or structual, and whether a State Court’ ruling of mootness qualifies as an adjudication on the Merits of . a prisoner's claim under AEDPA. This petition represents an opportunity for the Supreme Court to clarify the differnce of Sixth Amendment claims that are harmless and can be held moot and a State court would have no obligation to apply federal law to a valid claim that a constitutional error had occured, Finally, a question on the retroactivity of a recent Supreme Court ruling. Mr. Saari presents the quetions that follow: 1) Did the panel of the Eighth Circuit err by deciding the merit of an appeal not properly before the court to justify the denial of a certificate of appealability? 2) Is the relationship clear between the Overbreadth doctrine and _ the scrutiny analysis in First Amendment challenges? 3) Does a State court's determination that a preserved claim of ; constitutional error is MOOT qualify as an adjudication on the “i merits under the AEDPA? . , 4) Has the Supreme Court overturned Callan v. Wilson, 127 U.S.540, 547, 8 S.Ct 1301, 32 L.Ed 22 : ich he that a enial ot the jury trial right rendered a conviction "void" © and "without jurisdiction"?. 5) Did Counterman v. Colorado 600 U.S. 66(2023) announce a new substantive rule that has retroactive effect in cases on collateral review? . i

Docket Entries

2024-10-07
Petition DENIED.
2024-06-20
DISTRIBUTED for Conference of 9/30/2024.
2024-06-05
Waiver of right of respondent Kris Rish, Warden to respond filed.
2024-05-02
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 13, 2024)

Attorneys

Joseph Thomas Saari
Joseph Thomas Saari — Petitioner
Joseph Thomas Saari — Petitioner
Kris Rish, Warden
Victora WantaSt. Louis County Attorney's Office, Respondent
Victora WantaSt. Louis County Attorney's Office, Respondent