No. 23-7666

Brandon Washington v. Steven T. Marshall, Attorney General of Alabama, et al.

Lower Court: Eleventh Circuit
Docketed: 2024-06-07
Status: Denied
Type: IFP
IFP
Tags: evidentiary-hearing factual-determination factual-record federal-habeas federal-review habeas-corpus state-court state-court-proceedings unreasonable-determination
Key Terms:
HabeasCorpus
Latest Conference: 2024-09-30
Question Presented (AI Summary)

Whether a state prisoner must dispel 'any potential justification' for a state court's factual finding, even when the prisoner was unjustifiably denied an evidentiary hearing and had no opportunity to develop the factual record

Question Presented (OCR Extract)

QUESTION PRESENTED Under 28 U.S.C. § 2254(d)(2), a state prisoner can obtain federal habeas relief only by showing that the state court’s denial of his claim was “based on an unreasonable determination of the facts in light of the evidence presented in the State court proceeding.” To meet the “unreasonable determination” standard, must a state prisoner dispel “any potential justification” for the state court’s factual finding, even where the state prisoner was unjustifiably denied an evidentiary hearing in state court and had no opportunity to develop the factual record? i

Docket Entries

2024-10-07
Petition DENIED.
2024-07-18
DISTRIBUTED for Conference of 9/30/2024.
2024-06-05
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 8, 2024)
2024-04-30
Application (23A970) granted by Justice Thomas extending the time to file until June 5, 2024.
2024-04-26
Application (23A970) to extend the time to file a petition for a writ of certiorari from May 6, 2024 to June 7, 2024, submitted to Justice Thomas.

Attorneys

Brandon Washington
Alexandria DarbyFederal Public Defender for the NDAL, Petitioner
Alexandria DarbyFederal Public Defender for the NDAL, Petitioner