No. 18-8924

William Weaver v. Michael Bowersox, Warden

Lower Court: Eighth Circuit
Docketed: 2019-04-19
Status: Denied
Type: IFP
Response WaivedIFP
Tags: aedpa aedpa-standard batson-claim certificate-of-appealability constitutional-claims eighth-amendment eighth-circuit eighth-circuit-review habeas-corpus rule-60(b) rule-60b
Latest Conference: 2019-05-23
Question Presented (from Petition)

1. Does this Court's decision in Gonzalez v. Crosby completely foreclose a habeas petitioner from obtaining Rule 60(b) relief arising from a demonstrable defect in the prior proceedings if, as a result, the District Court will ultimately be required to reexamine some of petitioner's constitutional claims that were previously adjudicated on the merits.

2. Whether the grounds raised by petitioner in his appeal from the denial of his Rule 60(b) motion presented issues upon which reasonable jurists could differ concerning the correctness of the District Court's decision, which required the issuance of a COA.

3. Whether the Eighth Circuit Court of Appeals' standard practice of issuing unexplained blanket denials of COAs in both capital and non capital habeas corpus cases improperly obstructs and constrains this Court's discretionary review of its decisions.

Question Presented (AI Summary)

Whether a habeas petitioner can obtain Rule 60(b) relief despite a prior adjudication on the merits

Docket Entries

2019-05-28
Petition DENIED.
2019-05-08
DISTRIBUTED for Conference of 5/23/2019.
2019-05-03
Waiver of right of respondent Michael Bowersox to respond filed.
2019-04-16
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 20, 2019)
2019-01-30
Application (18A784) granted by Justice Gorsuch extending the time to file until April 18, 2019.
2019-01-23
Application (18A784) to extend the time to file a petition for a writ of certiorari from February 17, 2019 to April 18, 2019, submitted to Justice Gorsuch.

Attorneys

Michael Bowersox
Julie Marie BlakeMissouri Attorney General's Office, Respondent
William Weaver
Kent E. GipsonLaw Office of Kent Gipson, LLC, Petitioner