No. 24-7065

Donald J. Englert, II v. Reginald Bishop, Superintendent, Five Points Correctional Facility

Lower Court: Second Circuit
Docketed: 2025-04-23
Status: Denied
Type: IFP
Relisted (2)IFP
Tags: aedpa due-process habeas-corpus ineffective-assistance procedural-error state-court
Key Terms:
HabeasCorpus
Latest Conference: 2025-06-18 (distributed 2 times)
Question Presented (AI Summary)

Whether a state court's denial of a hearing on an ineffective assistance of counsel claim can amount to an unreasonable determination of facts under AEDPA or is merely a procedural state law error

Question Presented (from Petition)

Whether a state court ’s denial of a hearing on an ineffective assistance of counsel claim, when such a hearing is required by state statute, can amount to an unreasonable determination of the facts in light of the evidence presented, which is sufficient to overcome the deference accorded to state court fact-finding under the Antiterrorism and Effective Death Penalty Act of 1996 (“AEDPA ”), 28 U.S.C. § 2254(d)(2), or instead it is a procedural error under state law, which is not cognizable on habeas review, as the Second Circuit held below in Englert v. Lowerre, 115 F.4th 69, 89 (2d Cir. 2024), contrary to the precedents of this Court and other circuits? l

Docket Entries

2025-06-23
Petition DENIED.
2025-06-04
DISTRIBUTED for Conference of 6/18/2025.
2025-04-21
Motion (24M75) Granted.
2025-04-01
Motion (24M75) DISTRIBUTED for Conference of 4/17/2025.
2025-03-24
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 23, 2025)
2025-03-24
Motion (24M75) of petitioner for leave to file a petition for a writ of certiorari with the supplemental appendix under seal filed.
2025-01-18
Application (24A708) granted by Justice Sotomayor extending the time to file until March 24, 2025.
2025-01-13
Application (24A708) to extend the time to file a petition for a writ of certiorari from January 23, 2025 to March 24, 2025, submitted to Justice Sotomayor.

Attorneys

Donald J. Englert
Kristen SantilloGelber & Santillo PLLC, Petitioner
Kristen SantilloGelber & Santillo PLLC, Petitioner