No. 18-1132

Oscar Franklin Smith v. Tony Mays, Warden

Lower Court: Sixth Circuit
Docketed: 2019-03-01
Status: Denied
Type: Paid
Tags: cullen-v-pinholster federal-habeas federal-review habeas-corpus ineffective-assistance-of-counsel martinez-exception martinez-rule martinez-v-ryan pinholster-limitation pinholster-v-cullen procedural-default state-habeas state-habeas-proceedings state-post-conviction trevino-v-thaler
Key Terms:
HabeasCorpus Punishment Privacy JusticiabilityDoctri
Latest Conference: 2019-06-06
Question Presented (from Petition)

Whether Martinez and Trevino apply to IATC claims that were technically raised in state habeas proceedings but went wholly unsubstantiated due to the ineffective assistance of state habeas counsel?

Question Presented (AI Summary)

Whether Martinez and Trevino apply to ineffective-assistance-of-trial-counsel claims that were technically raised in state habeas proceedings but went wholly unsubstantiated due to the ineffective assistance of state habeas counsel

Docket Entries

2019-06-10
Petition DENIED.
2019-05-21
DISTRIBUTED for Conference of 6/6/2019.
2019-05-21
Reply of petitioner Oscar Franklin Smith filed. (Distributed)
2019-05-01
Brief of respondent Tony Mays in opposition filed.
2019-03-15
Motion to extend the time to file a response is granted and the time is extended to and including May 1, 2019.
2019-03-12
Motion to extend the time to file a response from April 1, 2019 to May 1, 2019, submitted to The Clerk.
2019-02-28
Petition for a writ of certiorari filed. (Response due April 1, 2019)
2019-01-28
Application (18A764) granted by Justice Sotomayor extending the time to file until February 28, 2019.
2019-01-18
Application (18A764) to extend the time to file a petition for a writ of certiorari from January 29, 2019 to February 28, 2019, submitted to Justice Sotomayor.

Attorneys

Oscar Franklin Smith
Eric F. CitronGoldstein & Russell, P.C., Petitioner
Tony Mays
Michael M. StahlOffice of the Tennessee Attorney General, Respondent