No. 25-426

Karu Gene White v. Laura Plappert, Warden

Lower Court: Sixth Circuit
Docketed: 2025-10-08
Status: Denied
Type: Paid
Experienced Counsel
Tags: constitutional-review federal-habeas habeas-corpus ineffective-assistance state-court-review supreme-court-precedent
Key Terms:
HabeasCorpus Punishment
Latest Conference: 2026-01-23
Question Presented (AI Summary)

Whether a state-court decision is 'contrary to' federal law where its reasoning and outcome contradict materially indistinguishable Supreme Court precedents despite correctly citing the governing legal standard

Question Presented (from Petition)

In connection with petitioner’s capital sentencing proceeding, trial counsel failed to investigate and present voluminous , powerful mitigation evidence, in a manner that was materially indistinguishable from the ineffective assistance of counsel at issue in Williams v. Taylor , 529 U.S. 362, 396 (2000) , and Wiggins v. Smith , 539 U.S. 510, 534 (2003) . In this federal habeas proceeding, the court of appeals acknowledged that the Kentucky Supreme Court’s stated reasons for denying petitioner post -conviction relief contradicted Williams and Wiggins in important respects. Yet the court of appeals held that the state court’s decision was not “contrary to” or “an unreasonable application” of clearly established federal law . 28 U.S.C. 2254(d)(1) . The questions presented are: 1. Whether a state -court decision is “contrary to” federal law where its reasoning and outcome contradict this Court’s materially indistinguishable precedents, but the state court correctly cites the governing legal standard in passing . 2. Whether , when a state court’s stated reasoning reveals that it s decision is contrary to or unreasonably applies federal law, federal habeas courts can deny relief by hypothesiz ing alternative justifi cations for the state court’s decision. 3. Whether , under 28 U.S.C. 2243, federal habeas courts may deny relief where the petitioner has established that his conviction or sentence is unconstitutional and that he is entitled to relief under 28 U.S.C. 2254(d)(1) .

Docket Entries

2026-01-26
Petition DENIED.
2026-01-07
DISTRIBUTED for Conference of 1/23/2026.
2026-01-06
Reply of Karu Gene White submitted.
2026-01-06
Reply of petitioner Karu Gene White filed. (Distributed)
2025-12-22
Brief of Laura Plappert in opposition submitted.
2025-12-22
Brief of respondent Laura Plappert in opposition filed.
2025-10-10
Motion to extend the time to file a response is granted and the time is extended to and including December 22, 2025.
2025-10-09
Motion of Laura Plappert for an extension of time submitted.
2025-10-09
Motion to extend the time to file a response from November 7, 2025 to December 22, 2025, submitted to The Clerk.
2025-09-26
Petition for a writ of certiorari filed. (Response due November 7, 2025)
2025-07-02
Application (25A4) granted by Justice Kavanaugh extending the time to file until September 26, 2025.
2025-06-27
Application (25A4) to extend the time to file a petition for a writ of certiorari from July 29, 2025 to September 26, 2025, submitted to Justice Kavanaugh.

Attorneys

Karu Gene White
Donald B. Verrilli Jr.Munger, Tolles & Olson LLP, Petitioner
Donald B. Verrilli Jr.Munger, Tolles & Olson LLP, Petitioner
Laura Plappert
Matthew Franklin KuhnOffice of Attorney General of Kentucky, Respondent
Matthew Franklin KuhnOffice of Attorney General of Kentucky, Respondent