No. 18-8030

Charles Russell Rhines v. Darin Young, Warden

Lower Court: Eighth Circuit
Docketed: 2019-02-21
Status: Denied
Type: IFP
IFP
Tags: 28-usc-2254 cullen-v-pinholster federal-review habeas-corpus ineffective-assistance ineffective-assistance-of-counsel martinez-v-ryan pinholster-standard procedural-default state-court-adjudication
Latest Conference: 2019-04-12
Question Presented (from Petition)

Where is the boundary between "new claims," whose default federal habeas courts may excuse, and "new facts," which federal habeas courts may not consider under Cullen v. Pinholster when applying 28 U.S.C. § 2254(d)?

Question Presented (AI Summary)

Where is the boundary between 'new claims,' whose default federal habeas courts may excuse, and 'new facts,' which federal habeas courts may not consider under Cullen v. Pinholster when applying 28 U.S.C. § 2254(d)?

Docket Entries

2019-04-15
Petition DENIED.
2019-03-28
DISTRIBUTED for Conference of 4/12/2019.
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)
2018-12-19
Application (18A654) granted by Justice Gorsuch extending the time to file until February 15, 2019.
2018-12-17
Application (18A654) to extend the time to file a petition for a writ of certiorari from December 30, 2018 to February 15, 2019, submitted to Justice Gorsuch.

Attorneys

Charles Rhines
Claudia VanWykFederal Community Defender Office for the Eastern , Petitioner
Darin Young
Paul S. Swedlund — Respondent