No. 18-7497

Carl Burnie Wellborn v. Shane Jackson, Warden

Lower Court: Sixth Circuit
Docketed: 2019-01-18
Status: Denied
Type: IFP
Response WaivedIFP
Tags: fair-cross-section fundamental-fairness fundamental-unfairness habeas-corpus prejudice procedural-default sixth-amendment structural-error
Latest Conference: 2019-03-22
Question Presented (from Petition)

(1) Can reasonable jurists debate whether habeas petitioners asserting procedurally defaulted fair cross-section claims must show actual prejudice or that the trial was fundamentally unfair to obtain federal review?

(2) Can habeas petitioners asserting a procedurally defaulted fair cross-section claim demonstrate prejudice by showing that the error rendered their trials fundamentally unfair?

Question Presented (AI Summary)

Can reasonable jurists debate whether habeas petitioners asserting procedurally defaulted fair cross-section claims must show actual prejudice or that the trial was fundamentally unfair to obtain federal review?

Docket Entries

2019-03-25
Petition DENIED.
2019-03-08
Waiver of right of respondent Shane Jackson, Warden to respond filed.
2019-03-07
DISTRIBUTED for Conference of 3/22/2019.
2019-01-14
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 19, 2019)
2018-11-15
Application (18A513) granted by Justice Sotomayor extending the time to file until January 14, 2019.
2018-11-05
Application (18A513) to extend the time to file a petition for a writ of certiorari from November 14, 2018 to January 13, 2019, submitted to Justice Sotomayor.

Attorneys

Carl Burnie Wellborn
Colleen P FitzharrisFederal Community Defender, Eastern District of Michigan, Petitioner
Shane Jackson, Warden
Fadwa A. HammoudMichigan Department of Attorney General, Respondent