No. 18-7216

Jason Duhamel v. Michelle Miller, Warden

Lower Court: Sixth Circuit
Docketed: 2019-01-02
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 8th-amendment affidavit appellate-review buck-v-davis certificate-of-appealability civil-procedure civil-rights death-penalty declaration due-process habeas-corpus in-forma-pauperis intellectual-disability miller-el-standard poverty redress sixth-circuit threshold-merits
Key Terms:
DueProcess FifthAmendment CriminalProcedure HabeasCorpus Punishment
Latest Conference: 2019-02-15
Question Presented (from Petition)

Whether the Sixth Circuit correctly applied this court's guidance from Miller-El v. Cockrell, 537 U.S. 322, 326 (2003) and Buck v. Davis, 137 S. Ct. 759 (2017) regarding Petitioner's Request for a Certificate of Appealability. Despite this guidance, this petition presents the following questions:

1. Did the Sixth Circuit impose an unduly burdensome Certificate of Appealability (COA) standard in contravention of precedent?

2. Did the Sixth Circuit improperly justify its denial of petitioner's COA on the issues presented by adjudication of the actual merits of petitioner's case instead of properly limiting its inquiry into a threshold examination of the merits of the case and assessing whether the issues presented by petitioner were debatable?

3. Did the Sixth Circuit improperly ignore relevant facts in fashioning their determination that the issues in petitioner's case are not debatable?

Question Presented (AI Summary)

Whether the Eighth Amendment's prohibition on cruel and unusual punishment prohibits the execution of a prisoner who was intellectually disabled at the time of the offense

Docket Entries

2019-02-19
Petition DENIED.
2019-01-31
DISTRIBUTED for Conference of 2/15/2019.
2019-01-18
Waiver of right of respondent Michelle Miller, Warden to respond filed.
2018-12-22
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 1, 2019)

Attorneys

Jason Duhamel
Jack BolandJack Boland, Attorney at Law, Petitioner
Michelle Miller, Warden
Benjamin Michael FlowersOhio Attorney General Dave Yost, Respondent