| 21-5479 |
Francisco Almanza-Garcia v. Rick Coursey, Superintendent, Eastern Oregon Correctional Institution |
Ninth Circuit |
2021-08-25 |
Denied |
Response WaivedIFP |
aedpa antiterrorism-and-effective-death-penalty-act federal-courts federal-habeas-corpus habeas-corpus jurisdiction jurisdictional-motion post-conviction-relief procedural-timeliness state-post-conviction-review statutory-interpretation |
Does the plain meaning of 'properly filed' in 28 U.S.C. § 2244(d) include a timely filed motion for the determination of the state appellate court's j… |
| 20-5570 |
Richard Bernard Moore v. Bryan P. Stirling, Director, South Carolina Department of Corrections, et al. |
Fourth Circuit |
2020-09-02 |
Denied |
Amici (2)IFP |
adjudicated-on-the-merits fair-presentation fair-presentation-doctrine habeas habeas-corpus ineffective-assistance-counsel martinez-rule martinez-v-ryan new-evidence procedural-default state-post-conviction-review |
In determining whether a claim has been fairly presented to, and 'adjudicated on the merits' by, the state courts for § 2254(d) purposes, must a feder… |
| 18-7396 |
Alonzo Fishback v. Mike Parris, Warden |
Sixth Circuit |
2019-01-14 |
Denied |
Response WaivedIFP |
aedpa credibility credibility-of-counsel deference-to-state-court due-process federal-review federal-review-of-state-court-findings habeas-corpus ineffective-assistance-of-counsel mandatory-minimum-sentencing sixth-amendment state-post-conviction state-post-conviction-review |
Whether the federal court must accept that trial counsel's performance was adequate simply because trial counsel testified his performance was adequat… |