No. 24-584

Annette Chambers-Smith, Director, Ohio Department of Rehabilitation and Correction v. Kayla Jean Ayers

Lower Court: Sixth Circuit
Docketed: 2024-11-27
Status: Denied
Type: Paid
Response RequestedResponse WaivedRelisted (5) Experienced Counsel
Tags: aedpa due-diligence factual-predicate federal-review habeas-corpus statute-of-limitations
Key Terms:
HabeasCorpus JusticiabilityDoctri
Latest Conference: 2025-06-05 (distributed 5 times)
Question Presented (AI Summary)

Whether obtaining new support for a previously available claim constitutes a new 'factual predicate' that restarts the one-year habeas petition filing clock under AEDPA

Question Presented (OCR Extract)

QUESTION PRESENTED A person in state custody has one year to file a habeas petition. Usually, that one year runs from “the date on which the judgment became final by the conclusion of direct review or the expiration of the time for seeking such review.” 28 U.S.C. §2244(d)(1)(A). But AEDPA restarts the clock in certain limited circumstances. Relevant here, the clock restarts when a previously undiscoverable “factual predicate” becomes discoverable to someone acting with “due diligence.” 28 U.S.C. §2244(d)(1)(D). When a prisoner obtains new support for a claim, does that mean she has a new “factual predicate” that restarts her clock?

Docket Entries

2025-06-06
Petition DENIED. Statement of Justice Alito, with whom Justice Thomas joins, respecting the denial of certiorari. (Detached <a href = 'https://www.supremecourt.gov/opinions/24pdf/24-584_i4dk.pdf'>Opinion</a>)
2025-06-06
Petition DENIED. Statement of Justice Alito, with whom Justice Thomas joins, respecting the denial of certiorari. (Detached Opinion)
2025-06-02
DISTRIBUTED for Conference of 6/5/2025.
2025-05-27
DISTRIBUTED for Conference of 5/29/2025.
2025-05-19
DISTRIBUTED for Conference of 5/22/2025.
2025-04-23
DISTRIBUTED for Conference of 5/15/2025.
2025-04-22
Notice of supplemental authority filed by petitioner.
2025-04-22
Notice of Supplemental Authority of Ohio Department of Rehabilitation and Correction, Director submitted.
2025-04-21
Reply of petitioner Annette Chambers-Smith, Director, Ohio Department of Rehabilitation and Correction, filed. (Distributed)
2025-04-21
Reply of Ohio Department of Rehabilitation and Correction, Director submitted.
2025-04-07
2025-04-07
Brief of Kayla Ayers in opposition submitted.
2025-02-26
Motion to extend the time to file a response is granted and the time is further extended to and including April 7, 2025.
2025-02-24
Motion to extend the time to file a response from March 7, 2025 to April 7, 2025, submitted to The Clerk.
2025-02-24
Motion of Kayla Ayers for an extension of time submitted.
2025-01-24
Motion to extend the time to file a response is granted and the time is extended to and including March 7, 2025.
2025-01-23
Motion to extend the time to file a response from February 6, 2025 to March 7, 2025, submitted to The Clerk.
2025-01-23
Motion of Kayla Ayers for an extension of time submitted.
2025-01-07
Response Requested. (Due February 6, 2025)
2024-12-31
DISTRIBUTED for Conference of 1/17/2025.
2024-12-26
Waiver of right of respondent Kayla Ayers to respond filed.
2024-12-17
Application (24A553) to recall and stay the mandate presented to Justice Kavanaugh and by him referred to the Court is denied.
2024-12-17
Application (24A553) referred to the Court.
2024-12-13
Reply of applicant Ohio Department of Rehabilitation and Correction, Director filed.
2024-12-12
Response to application from respondent Kayla Ayers filed.
2024-12-05
Response to application (24A553) requested by Justice Kavanaugh, due by 4 p.m. (EST) on December 12, 2024.
2024-12-02
Application (24A553) to recall and stay the mandate, submitted to Justice Kavanaugh.
2024-11-25
Petition for a writ of certiorari filed. (Response due December 27, 2024)

Attorneys

Kayla Ayers
Paul Whitfield HughesMcDermott Will & Emery, Respondent
Ohio Department of Rehabilitation and Correction, Director
Thomas Elliot GaiserOffice of the Ohio Attorney General, Petitioner