No. 25A972

Birt Ford v. Andrew Cole, Warden

Lower Court: Seventh Circuit
Docketed: 2026-03-05
Status: Application
Type: A
Experienced Counsel
Tags: diligence factual-development habeas-corpus ineffective-assistance-of-counsel sixth-amendment state-postconviction-proceedings
Latest Conference: N/A
Question Presented (from Petition)

Whether a state prisoner has "failed to develop the factual basis of a claim in State court proceedings" when the prisoner raises the claim in state postconviction proceedings, discharges counsel who fails to act, and then personally and repeatedly seeks factual development that the state courts denied.

Question Presented (AI Summary)

Whether a state prisoner has failed to develop the factual basis of a claim in state court proceedings under 28 U.S.C. § 2254(e)(2) when the prisoner raises the claim in state postconviction proceedings, discharges counsel who fails to act, and then personally and repeatedly seeks factual development that the state courts denied

Docket Entries

2026-03-06
Application (25A972) granted by Justice Barrett extending the time to file until April 14, 2026.
2026-03-03
Application (25A972) to extend the time to file a petition for a writ of certiorari from March 15, 2026 to April 14, 2026, submitted to Justice Barrett.

Attorneys

Birt Ford
Xiao WangUniversity of Virginia School of Law, Petitioner