No. 18-9048

Brian Boykins v. Robert Napel, Warden

Lower Court: Sixth Circuit
Docketed: 2019-04-30
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appellate-review burden-of-proof civil-rights criminal-procedure due-process evidentiary-hearing federal-court right-to-counsel standard-of-review standing trial-court-record
Key Terms:
DueProcess
Latest Conference: 2019-06-20
Question Presented (from Petition)

1. WHERE A FEDERAL COURT MUST GRANT AN EVIDENTIARY HEARING AND DENIES, IS THAT ERROR?

2. IN A SHOW CAUSE HEARING TRIAL COURT DEEMED IT NECESSARY FOR PETITIONER TO HAVE INVESTIGATOR IN ORDER TO SAFELY PROCEED TO TRIAL, WAS TRIAL COUNSEL INEFFECTIVE FOR FAILURE TO INVESTIGATE TO REBUT DEFENSE COUNSEL REPRESENTATION TO THE COURT DOES THAT CONSTITUTES FRAUD UPON THE COURT?

3. UNDER 28 U.S.C § 2254 (E)(1), PETITIONER OFFERS CLEAR AND CONVINCING PROOF TO REFUTE CORRECTNESS OF TRIAL COURT RECORD, IF FEDERAL COURT ADOPTS STATE ARGUMENT WITH NO OFFER OF PROOF WAS THAT CLEAR ERROR?

Question Presented (AI Summary)

Whether a federal court must grant an evidentiary hearing and findings, contrary to Townsend v. Sain, 372 U.S. 293 (1963)

Docket Entries

2019-06-24
Petition DENIED.
2019-06-05
DISTRIBUTED for Conference of 6/20/2019.
2019-05-24
Waiver of right of respondent Robert Napel, Warden to respond filed.
2018-12-19
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 30, 2019)

Attorneys

Brian Boykins
Brian Boykins — Petitioner
Robert Napel, Warden
Fadwa A. HammoudMichigan Department of Attorney General, Respondent