No. 24-6590

John Dwayne Garvin v. Levern Cohen, Warden

Lower Court: Fourth Circuit
Docketed: 2025-02-19
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: constitutional-rights declaratory-judgment grand-jury habeas-corpus judicial-process void-indictment
Key Terms:
DueProcess HabeasCorpus JusticiabilityDoctri
Latest Conference: 2025-06-05 (distributed 2 times)
Question Presented (AI Summary)

Whether a South Carolina Supreme Court's Order Declining to Entertain a Complaint for a Declaratory Judgment to Determine the Legality and Constitutionality of County Grand Jury Proceedings Constitutes an Ongoing Controversy Causing Irreparable Harm

Question Presented (OCR Extract)

1. Whether a South Carolina Supreme Court ’s Order Declining to Entertain a Complaint for a Declaratory Judgment to Determine the Legality and Constitutionality of a County Grand Jury Proceedings, Has Allowed a Case of Actual Controversy to Continue to Exist and Cause Ongoing Irreparable Harm. 2. Whether a Federal District Court with Jurisdiction Over a Habeas Corpus Action Under 28 U.S.C. § 2254, May Abstain From Exercising that Court ’s Jurisdiction in Denying Petitioner ’s Motion for Declaratory Judgment Within the Habeas Action, and Then Subsequently Deny a Certificate of Appealability of that Decision is an Abuse of Discretion by the District Court i

Docket Entries

2025-06-06
Rehearing DENIED.
2025-05-20
DISTRIBUTED for Conference of 6/5/2025.
2025-05-14
Petition for Rehearing filed.
2025-04-21
Petition DENIED.
2025-03-27
DISTRIBUTED for Conference of 4/17/2025.
2025-03-17
Waiver of right of respondent Levern Cohen to respond filed.
2024-08-30
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 21, 2025)
2024-06-26
Application (23A1152) granted by The Chief Justice extending the time to file until August 30, 2024.
2024-06-18
Application (23A1152) to extend the time to file a petition for a writ of certiorari from July 1, 2024 to August 30, 2024, submitted to The Chief Justice.

Attorneys

John Garvin
John Dwayne Garvin — Petitioner
John Dwayne Garvin — Petitioner
Levern Cohen
Melody Jane BrownSouth Carolina Attorney General's Office, Respondent
Melody Jane BrownSouth Carolina Attorney General's Office, Respondent