No. 18-7396

Alonzo Fishback v. Mike Parris, Warden

Lower Court: Sixth Circuit
Docketed: 2019-01-14
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: 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
Key Terms:
HabeasCorpus
Latest Conference: 2019-03-15
Question Presented (from Petition)

The Anti-Te rrorism and Effe ctive De ath Penalty Act (A EDPA) re quires a f ederal habe as
corpus c ourt to g ive substantial defe rence to the finding s and conc lusions of a state cour t that has
revie wed a post-conviction petitioner's c laim of ineff ective a ssistance of c ounsel. Must the
federal court, howeve r, accept that tria l counsel's pe rformance was a dequate simply beca use trial
counsel testified his per formanc e was adequa te and the sta te post-conviction cour t found counsel
to be cr edible?

Question Presented (AI Summary)

Whether the federal court must accept that trial counsel's performance was adequate simply because trial counsel testified his performance was adequate and the state post-conviction court found counsel to be credible

Docket Entries

2019-03-18
Petition DENIED.
2019-02-28
DISTRIBUTED for Conference of 3/15/2019.
2019-02-13
Waiver of right of respondent Mike Parris, Warden to respond filed.
2019-01-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 13, 2019)

Attorneys

Alonzo Fishback
Michael Clark HolleyOffice of the Federal Public Defender, Petitioner
Mike Parris, Warden
Richard D. DouglasState of Tennessee Attorney General, Respondent