No. 24-5155

Bradley W. Berry v. Donnie Bordelon, Warden

Lower Court: Fifth Circuit
Docketed: 2024-07-26
Status: Denied
Type: IFP
IFP
Tags: certificate-of-appealability civil-procedure constitutional-amendment federal-case-law federal-court-of-appeals griffith-v-kentucky judicial-review retroactivity state-constitution
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2024-09-30
Question Presented (AI Summary)

Whether the decision by the federal court of appeals is correct as applied to the Petitioner regarding a certificate of appealability

Question Presented (OCR Extract)

QUESTION(S) PRESENTED FOR REVIEW 1. Whether the decision by the federal court of appeals is correct as applied to the Petitioner regarding a certificate of appealability. 2. Does the ruling in Griffith v_ Kentucky, 107 S. Ct. 708 concerning new constitutional rules applying retroactively to all cases, state or federal, pending on direct review or not yet final apply to a state constitution when it is amended to proclaim a "new rule." 3. Should a state be allowed to word their constitutional amendment(s) in such a way as to by-pass/arinul previously established federal case law rulings such as Griffith v. Kentucky, 107 S. Ct. 708? 2

Docket Entries

2024-10-07
Petition DENIED.
2024-09-05
DISTRIBUTED for Conference of 9/30/2024.
2023-12-26
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 26, 2024)
2023-08-25
Application (23A172) granted by Justice Alito extending the time to file until December 26, 2023.
2023-08-14
Application (23A172) to extend the time to file a petition for a writ of certiorari from October 25, 2023 to December 24, 2023, submitted to Justice Alito.

Attorneys

Bradley W. Berry
Bradley Wayne Berry — Petitioner
Bradley Wayne Berry — Petitioner