No. 18-5631

Steven M. Jacob v. Scott R. Frakes, Director, Nebraska Department of Correctional Services

Lower Court: Eighth Circuit
Docketed: 2018-08-17
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: aedpa certificate-of-appealability constitutional-review double-jeopardy due-process habeas habeas-corpus jury-selection prejudice presumption-of-impartiality standard-of-review supreme-court-precedent voir-dire
Latest Conference: 2018-11-16 (distributed 2 times)
Question Presented (from Petition)

Was the Petitioner's demonstration, that the State Courts' decision was dependent on their failure to apply the holding in Murphy v. Florida by accepting juror's assurances of impartiality to find the voir dire adequate rather than apply the McDonough Power Equipment holding to find the newspaper juror's prejudice that the voir dire had not been adequate to reveal (contrary to Morgan v. Illinois), sufficient to require de novo review under the Panetti V. Quarterman standard OR was the Petitioner's demonstration sufficient to rebut any presumption that the State Court's decision had silently applied those Supreme Court holdings, thus requiring de novo review under the Johnson v. Williams standard, and was sufficient to require a COA to issue?

Should a Certificate of Appealability have issued for the Petitioner's Double Jeopardy claims under the standard set out in Miller-El. v. Cockeral because "jurists of reason could conclude the issues presented are adequate to deserve encouragement to proceed further."

Should a Certificate of Appealability have issued for the question of whether the 14th Amendment's Due Process Clause prohibits Nebraska Courts. from adjudicating Second Degree Murder cases when Nebraska's Second Degree Murder statute (that provides trial courts with the power to impose a judgment) is facially unconstitutional.because it is too vague to prevent its arbitrary enforcement?

Question Presented (AI Summary)

Was the Petitioner's demonstration sufficient to require de novo review under the Panetti v. Quarterman standard or the Johnson v. Williams standard, and was it sufficient to require a COA to issue?

Docket Entries

2018-11-19
Motion for reconsideration of order denying leave to proceed in forma pauperis filed by petitioner DENIED.
2018-10-31
Motion DISTRIBUTED for Conference of 11/16/2018.
2018-10-19
Motion for reconsideration of order denying leave to proceed in forma pauperis filed by petitioner.
2018-10-01
The motion for leave to proceed in forma pauperis is denied, and the petition for a writ of certiorari is dismissed. See Rule 39.8. As the petitioner has repeatedly abused this Court's process, the Clerk is directed not to accept any further petitions in noncriminal matters from petitioner unless the docketing fee required by Rule 38(a) is paid and the petition is submitted in compliance with Rule 33.1. See Martin v. District of Columbia Court of Appeals, 506 U. S. 1 (1992) (per curiam).
2018-09-06
DISTRIBUTED for Conference of 9/24/2018.
2018-08-30
Waiver of right of respondent Scott Frakes to respond filed.
2018-08-02
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 17, 2018)

Attorneys

Scott Frakes
James D. SmithNebraska Department of Justice, Respondent
Steven Jacob
Steven M. Jacob — Petitioner