No. 18-8798

Brent Lynch v. Eddie Miles, Warden

Lower Court: Eighth Circuit
Docketed: 2019-04-11
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 28-usc-2253 certificate-of-appealability federal-court habeas-corpus procedural-grounds reasonable-jurists statutory-interpretation
Latest Conference: 2019-05-16
Question Presented (from Petition)

1. In deciding whether to issue a certificate of appealability under 28 U.S.C. § 2253, may a federal court find that "reasonable jurists would not disagree" about the denial of relief on procedural grounds where other courts have resolved the same issue, on similar facts, in a manner favorable to habeas petitioner's position?

Question Presented (AI Summary)

Whether a federal court may find that 'reasonable jurists would not disagree' about the denial of relief on procedural grounds where other courts have resolved the same issue, on similar facts, in a manner favorable to habeas petitioner's position

Docket Entries

2019-05-20
Petition DENIED.
2019-05-01
DISTRIBUTED for Conference of 5/16/2019.
2019-04-22
Waiver of right of respondent Eddie Miles to respond filed.
2019-04-08
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 13, 2019)

Attorneys

Brent Lynch
Zachary Allen LongsdorfLongsdorf Law Firm PLC, Petitioner
Eddie Miles
Peter Reed MarkerOffice of the Ramsey County Attorney, Respondent