No. 25-726

Alan Lane Hicks v. Jonathan Frame, Superintendent, Mount Olive Correctional Complex

Lower Court: Fourth Circuit
Docketed: 2025-12-19
Status: Pending
Type: Paid
Amici (1)Response RequestedResponse WaivedRelisted (2) Experienced Counsel
Tags: aedpa federal-petition habeas-corpus ineffective-process judicial-delay state-court-exhaustion
Latest Conference: 2026-04-17 (distributed 2 times)
Question Presented (from Petition)

Whether 28 U.S.C. § 2254(b)(1)(B)(ii)'s exception to the exhaustion requirement for "circumstances" that render state proceedings "ineffective" can apply when a state court reanimates inordinately delayed proceedings after a petitioner files in federal court.

Question Presented (AI Summary)

Whether 28 U.S.C. § 2254(b)(1)(B)(ii)'s exception to the exhaustion requirement for 'circumstances' that render state proceedings 'ineffective' can apply when a state court reanimates inordinately delayed proceedings after a petitioner files in federal court

Docket Entries

2026-03-31
Letter of March 31, 2026 from counsel for petitioner filed. (Distributed)
2026-03-31
Letter of Alan Lane Hicks submitted.
2026-03-25
Reply of petitioner Alan Lane Hicks filed. (Distributed)
2026-03-25
Letter of March 25, 2026 from counsel for respondent filed. (Distributed)
2026-03-25
Reply of Alan Lane Hicks submitted.
2026-03-25
Letter of Jonathan Frame submitted.
2026-03-25
DISTRIBUTED for Conference of 4/17/2026.
2026-03-06
Brief of Jonathan Frame in opposition submitted.
2026-03-06
Brief of respondent Jonathan Frame in opposition filed.
2026-02-06
Brief amici curiae of Innocence Network, et al. filed.
2026-02-06
Amicus brief of Innocence Network and The Midwest Innocence Project submitted.
2026-01-12
Motion to extend the time to file a response is granted and the time is extended to and including March 6, 2026.
2026-01-08
Motion to extend the time to file a response from February 6, 2026 to March 6, 2026, submitted to The Clerk.
2026-01-07
Response Requested. (Due February 6, 2026)
2025-12-30
DISTRIBUTED for Conference of 1/16/2026.
2025-12-26
Waiver of right of respondent Jonathan Frame to respond filed.
2025-12-26
Waiver of Jonathan Frame of right to respond submitted.
2025-11-17
Petition for a writ of certiorari filed. (Response due January 20, 2026)

Attorneys

Alan Lane Hicks
Steven James AlagnaWashington University School of Law, Petitioner
Innocence Network and The Midwest Innocence Project
Matthew James StanfordBryan Cave Leighton Paisner, Amicus
Jonathan Frame
Michael Ray WilliamsOffice of the West Virginia Attorney General, Respondent