No. 18-8029

Charles Russell Rhines v. Darin Young, Warden

Lower Court: Eighth Circuit
Docketed: 2019-02-21
Status: Denied
Type: IFP
Amici (6)IFP
Tags: 28-usc-2244(b) amendment anti-gay-animus appellate-procedure appellate-proceedings civil-rights constitutional-rights due-process habeas-corpus impartial-jury juror-bias second-or-successive second-or-successive-petition second-or-successive-petitions standing
Key Terms:
DueProcess HabeasCorpus Punishment
Latest Conference: 2019-04-12
Question Presented (from Petition)

Could reasonable jurists debate whether a court may permit an amendment to an initial habeas corpus petition, without applying 28 U.S.C. § 2244(b)'s limitations on "second or successive" petitions, when appellate proceedings after a denial of that initial petition are ongoing?

Could reasonable jurists debate whether Petitioner has made a substantial showing of a violation of his right to an impartial jury with evidence that at least one juror relied on anti-gay stereotypes and animus in sentencing him to death?

Question Presented (AI Summary)

Could reasonable jurists debate whether a court may permit an amendment to an initial habeas corpus petition, without applying 28 U.S.C. § 2244(b)'s limitations on 'second or successive' petitions, when appellate proceedings after a denial of that initial petition are ongoing?

Docket Entries

2019-04-15
Motion for leave to file amici brief filed by Law Professors GRANTED.
2019-04-15
Motion for leave to file amicus brief filed by NAACP Legal Defense & Educational Fund, Inc. GRANTED.
2019-04-15
Motion for leave to file amici brief filed by American Civil Liberties Union, et al. GRANTED.
2019-04-15
Petition DENIED.
2019-03-28
DISTRIBUTED for Conference of 4/12/2019.
2019-03-25
Motion for leave to file amicus brief filed by NAACP Legal Defense & Educational Fund, Inc.
2019-03-25
Motion for leave to file amici brief filed by American Civil Liberties Union, et al.
2019-03-25
Motion for leave to file amici brief filed by Law Professors.
2019-03-22
Reply of petitioner Charles Rhines filed.
2019-03-13
Brief of respondent Darin Young in opposition filed.
2019-02-15
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 25, 2019)
2018-12-11
Application (18A612) granted by Justice Gorsuch extending the time to file until February 15, 2019.
2018-12-03
Application (18A612) to extend the time to file a petition for a writ of certiorari from December 17, 2018 to February 15, 2019, submitted to Justice Gorsuch.

Attorneys

American Civil Liberties Union, et al.
Ria Tabacco MarACLU, Amicus
Charles Rhines
Claudia VanWykFederal Community Defender Office for the Eastern , Petitioner
Darin Young
Paul S. SwedlundAttorney General Office, Respondent
Law Professors
Richard D. SnyderFredrikson & Byron, P.A., Amicus
NAACP Legal Defense & Educational Fund, Inc.
Daniel Scott HarawaNAACP Legal Defense & Educational Fund, Inc., Amicus