No. 23A1056

George Stephenson, Warden v. Lafayette Deshawn Upshaw

Lower Court: Sixth Circuit
Docketed: 2024-05-28
Status: Presumed Complete
Type: A
Experienced Counsel
Tags: aedpa clearly-established-law habeas-corpus plurality-opinion sixth-circuit state-court-review
Latest Conference: N/A
Question Presented (AI Summary)

Whether a federal court of appeals may apply a Supreme Court plurality opinion as 'clearly established law' under the Antiterrorism and Effective Death Penalty Act (AEDPA) when reviewing a state court's habeas corpus decision

Docket Entries

2024-06-07
Application (23A1056) denied by Justice Kavanaugh.
2024-06-05
Response to application from respondent Lafayette Deshawn Upshaw filed.
Main DocumentMain DocumentProof of ServiceMain DocumentMain DocumentProof of Service
2024-05-29
Response to application (23A1056) requested by Justice Kavanaugh, due by 4 p.m. (EDT) on June 5, 2024.
2024-05-23
Application (23A1056) for a stay, submitted to Justice Kavanaugh.
Main DocumentLower Court Orders/OpinionsProof of ServiceMain DocumentLower Court Orders/OpinionsProof of Service

Attorneys

George Stephenson
Ann Maurine Sherman — Michigan Department of Attorney General, Petitioner
Ann Maurine Sherman — Michigan Department of Attorney General, Petitioner
Lafayette Deshawn Upshaw
Daniel Scott Harawa — NYU School of Law, Federal Appellate Clinic, Respondent
Daniel Scott Harawa — NYU School of Law, Federal Appellate Clinic, Respondent