No. 18-8820

Carman L. Deck v. Richard Jennings, Warden

Lower Court: Eighth Circuit
Docketed: 2019-04-15
Status: Denied
Type: IFP
Relisted (2)IFP
Tags: appellate-procedure appellate-review certificate-of-appealability death-penalty district-court due-process habeas-corpus judicial-discretion procedural-standard reasonable-jurists standard-of-review
Latest Conference: 2019-06-13 (distributed 2 times)
Question Presented (from Petition)

Mr. Deck filed a petition for habeas corpus relief from his convictions and death sentences. The district court granted relief as to two grounds, but denied both relief and a certificate of appealability (COA) as to all other grounds. Without explanation, the Eighth Circuit also denied a COA, and denied rehearing. The case thus presents the following questions:

1. Did Mr. Deck present grounds for relief as to which reasonable jurists could differ concerning the correctness of the district court's conclusion, thus requiring a COA?

2. Did the court of appeals' unexplained denial of a COA as to any grounds improperly insulate its decision from review by this Court?

Question Presented (AI Summary)

Did Mr. Deck present grounds for relief as to which reasonable jurists could differ concerning the correctness of the district court's conclusion, thus requiring a COA?

Docket Entries

2019-06-17
Petition DENIED.
2019-06-06
Reply of petitioner Carman L. Deck filed. (Distributed)
2019-05-29
DISTRIBUTED for Conference of 6/13/2019.
2019-05-15
Brief of respondent Richard Jennings in opposition filed.
2019-04-15
Motion (18M126) for leave to file a petition for a writ of certiorari with the supplemental appendix under seal Granted.
2019-03-20
MOTION (18M126) DISTRIBUTED for Conference of 4/12/2019.
2019-03-11
Motion (18M126) for leave to file a petition for a writ of certiorari with the supplemental appendix under seal filed.
2019-03-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 15, 2019)
2019-01-02
Application (18A688) granted by Justice Gorsuch extending the time to file until March 9, 2019.
2018-12-27
Application (18A688) to extend the time to file a petition for a writ of certiorari from January 8, 2019 to March 9, 2019, submitted to Justice Gorsuch.

Attorneys

Carman L. Deck
Elizabeth Unger CarlyleCarlyle Parish LLC, Petitioner
Richard Jennings
Katharine Anne DolinOffice of the Missouri Attorney General, Respondent