No. 24-6579

Tony Barksdale v. Steve T. Marshall, Attorney General of Alabama, et al.

Lower Court: Eleventh Circuit
Docketed: 2025-02-18
Status: Denied
Type: IFP
Relisted (2)IFP
Tags: aedpa-deference certificate-of-appealability effective-assistance habeas-corpus judicial-review state-proceeding
Key Terms:
DueProcess HabeasCorpus Punishment
Latest Conference: 2025-04-25 (distributed 2 times)
Question Presented (AI Summary)

Does a brief written by the prosecution in a State habeas proceeding, and then rubber-stamped by State judges, qualify as a judgment entitled to deference under the AEDPA, 28 U.S.C. § 2254?

Question Presented (OCR Extract)

1. Does a brief written by the p rosecution in a State h abeas proceeding, and then rubber -stamped by State j udges, qualify as a j udgment entitled to d eference under the AEDPA , 28 U.S.C. § 2254 ? 2. Did the Eleventh Circuit err when it denied a Certificate of Appealability on the rubber -stamping issue based on what it acknowledged was an improper standard of review? 3. Do the failures of defense counsel in a capital trial to perform any meaningful investigation, or to develop a defense case for reduced culpability or mitigation of sentence, satisfy this Court’s tests for effective assistance of counsel as articulated in Strickland v. Washington , 466 U.S. 668 (1984) ; Williams v. Taylor , 529 U.S. 362 (2000) ; Wiggins v. Smith , 539 U.S. 510 (2003) ; Rompilla v. Beard , 545 U.S. 374 (2005) ; and Andrus v. Texas, 590 U.S. 806 (2020) ?

Docket Entries

2025-04-28
Petition DENIED.
2025-04-10
DISTRIBUTED for Conference of 4/25/2025.
2025-04-08
Reply of Tony Barksdale submitted.
2025-04-08
Reply of petitioner Tony Barksdale filed. (Distributed)
2025-03-20
Brief of Steve T. Marshall in opposition submitted.
2025-03-20
Brief of respondent Steve T. Marshall, Attorney General of Alabama, et al. in opposition filed. (Distributed)
2025-03-20
Brief of respondent Steve T. Marshall, Attorney General of Alabama, et al. in opposition filed.
2025-03-12
DISTRIBUTED for Conference of 3/28/2025.
2025-03-12
Application (24A796) referred to the Court.
2025-02-28
Application (24A796) refiled and submitted to Justice Jackson.
2025-02-20
Application (24A796) denied by Justice Thomas.
2025-02-13
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 20, 2025)
2025-02-13
Application (24A796) for a certificate of appealability, submitted to Justice Thomas.
2024-11-26
Application (24A513) to extend the time to file a petition for a writ of certiorari from January 14, 2025 to March 15, 2025, submitted to Justice Thomas.
2024-11-26
Application (24A513) granted by Justice Thomas extending the time to file until February 13, 2025.

Attorneys

Steve T. Marshall
Matthew James ClarkAlabama Attorney General's Office, Respondent
Tony Barksdale
Steven Marc SchneebaumSteven M Schneebaum, PC, Petitioner