No. 24-6378

Von Clark Davis v. Bill Cool, Warden

Lower Court: Sixth Circuit
Docketed: 2025-01-23
Status: Denied
Type: IFP
IFP
Tags: appellate-procedure due-process habeas-corpus judicial-waiver rule-28j supreme-court-precedent
Key Terms:
AdministrativeLaw DueProcess HabeasCorpus Punishment Securities JusticiabilityDoctri
Latest Conference: 2025-05-29
Question Presented (AI Summary)

Whether a court of appeals may render judgment without addressing a new Supreme Court decision cited under Rule 28(j), and whether a defendant is entitled to habeas relief when promised judges for trial differ from those who ultimately sentence him

Question Presented (OCR Extract)

I. a. When a party brings to the attention of the court of appeals, via a notice filed pursuant to Federal Rule of Appellate Procedure 28(j), a new decision of this Court that bears on whether the party is entitled to relief, may the court of appeals render judg ment without addressing that new decision? b. Should this Court grant certiorari, vacate the judgment below, and remand for further consideration in light of Loper Bright Enterprises v. Raimondo , 603 U.S. 369 (2024)? II. a. Is petitioner entitled to habeas corpus relief for involuntarily, unknowingly, and unintelligently waiving jury where he decided to waive only after he was given representations that he would be tried and sentenced by three specific judges ––who m the court identified by name twice in open court and whose names the prosecutor typed in the written waiver document which the petitioner and the court signed –– but afterwards, petitioner was re -sentenced to death by three completely different judges? b. Under this Court’s clearly established law governing knowing, voluntary, and intelligent waivers , can petitioner secure habeas relief when the identity of his three -judge panel change d from what he was assured it would be ––without reservation, multiple times , on the record in open court and in writing ––and when he inform ed the court such information wa s necessary to his wa iver decision? III. Does a defendant have a clearly established due process right, under Puckett v. United States, 556 U.S. 129 (2009), Mabry v. Johnson, 467 U.S. 504 (1984), and Santobello v. New York , 404 U.S. 257 (1971), for relief when promises that induced him to waive his constitutional right to a jury trial cannot be fulfilled , and is Davis entitled to habeas relief on his claim?

Docket Entries

2025-06-02
Petition DENIED.
2025-05-14
DISTRIBUTED for Conference of 5/29/2025.
2025-05-12
Reply of petitioner Von Clark Davis filed. (Distributed)
2025-05-12
Reply of Von Clark Davis submitted.
2025-04-25
Brief of respondent Bill Cool, Warden in opposition filed.
2025-04-25
Brief of Bill Cool in opposition submitted.
2025-03-17
Motion to extend the time to file a response is granted and the time is further extended to and including April 25, 2025.
2025-03-14
Supplemental brief of petitioner Von Clark Davis filed.
2025-03-13
Motion to extend the time to file a response from March 26, 2025 to April 25, 2025, submitted to The Clerk.
2025-03-13
Motion of Bill Cool for an extension of time submitted.
2025-03-12
Supplemental Brief of Von Clark Davis submitted.
2025-01-31
Motion to extend the time to file a response is granted and the time is extended to and including March 26, 2025.
2025-01-30
Motion to extend the time to file a response from February 24, 2025 to March 26, 2025, submitted to The Clerk.
2025-01-30
Motion of Bill Cool for an extension of time submitted.
2025-01-17
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 24, 2025)
2024-11-14
Application (24A479) granted by Justice Kavanaugh extending the time to file until January 17, 2025.
2024-11-08
Application (24A479) to extend the time to file a petition for a writ of certiorari from November 18, 2024 to January 17, 2025, submitted to Justice Kavanaugh.

Attorneys

Bill Cool
Thomas Elliot GaiserOffice of the Ohio Attorney General, Respondent
Thomas Elliot GaiserOffice of the Ohio Attorney General, Respondent
Von Clark Davis
Erin Gallagher BarnhartFederal Public Defender, S.D. Ohio, Petitioner
Erin Gallagher BarnhartFederal Public Defender, S.D. Ohio, Petitioner