No. 18-8844
IFP
Tags: recognized by Tyler-v-Cain to determine what opinions are subject to retroac 28-u.s.c.-2244(b)(3)(e) 28-usc-2244 batson-challenge capital-punishment civil-rights collateral-review due-process fourteenth-amendment habeas-corpus jury-discrimination retroactive-application retroactivity supreme-court-authority tyler-v-cain
Key Terms:
DueProcess HabeasCorpus
DueProcess HabeasCorpus
Latest Conference:
2019-06-20
Question Presented (from Petition)
1. Does the Constitution permit Congress to enact 28 U.S.C. § 2244(b)(3)(E) to divest this Court of its authority, recognized by Tyler v. Cain, to determine what opinions are subject to retroactive application?
2. Should Foster v. Chatman be applied retroactively to protect the rights of a petitioner who makes a prima facie case that the trial prosecutor's decision to seat an all-white jury in a one-third African-American county was "motivated in substantial part by discriminatory intent?"
Question Presented (AI Summary)
Does the Constitution permit Congress to enact 28 U.S.C. § 2244(b)(3)(E) to divest this Court of its authority, recognized by Tyler v. Cain, to determine what opinions are subject to retroactive application?
Docket Entries
2019-06-24
Petition DENIED.
2019-06-05
DISTRIBUTED for Conference of 6/20/2019.
2019-05-16
Brief of respondent Tennessee in opposition filed.
2019-04-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 16, 2019)
2019-02-08
Application (18A805) granted by Justice Sotomayor extending the time to file until April 12, 2019.
2019-02-01
Application (18A805) to extend the time to file a petition for a writ of certiorari from February 11, 2019 to April 12, 2019, submitted to Justice Sotomayor.
Attorneys
Farris Genner Morris
Richard Tennent — Office of the Federal Public Defender, Petitioner
Tennessee
John Henry Bledsoe III — Office of Tennessee Attorney General, Respondent