No. 18-9187

Jason Brooks v. Matthew Hanson, Warden, et al.

Lower Court: Tenth Circuit
Docketed: 2019-05-08
Status: Denied
Type: IFP
IFP
Tags: adequate-appellate-review appellate-court appellate-review due-process exhaustion-of-state-remedies federal-appellate-court federal-court federal-court-jurisdiction habeas-corpus habeas-corpus-petition judicial-precedent prior-judgment procedural-grounds state-procedural-rules
Key Terms:
HabeasCorpus Jurisdiction
Latest Conference: 2019-10-01
Question Presented (from Petition)

(1) Whether a federal appellate court can substantially change its prior judgment to intentionally sabotage a petitioner being able to file a subsequent habeas petition; changing its decision from:

"[R]easonable jurists could not debate the correctness of the district court's ruling that Brooks had failed to exhaust his state remedies." Brooks v. Archuleta, 681 Fed. Appx. 705, 706 (loth Cir. 2017);

To:

"No reasonable jurist could debate the district court's dismissal on procedural grounds." Brooks v. Hanson, 741 Fed. Appx. 599, 600 (10tI Cir. 2018)?

(2) Whether the egregious, ever changing reasoning by the Tenth Circuit to preclude having to rule on the merits of Petitioners habeas corpus application is in direct conflict with this Court's precedent set in Slack v. McDaniel, 529 U.S. 473 (2000).

Whether a federal court substantially changing its prior holding improperly deprived petitioner of adequate appellate review?

(3) Whether Rules 35(c)(3)(VI) and (VII) of the Colorado Rules of Criminal Procedure and Cob. Rev. Stat. § 16-5-402 are independent and adequate state grounds to deny federal habeas relief and whether the Tenth Circuit's decision in this case in in direct conflict with Cone v. Bell, 556 U.S. 449 (2009)?

Question Presented (AI Summary)

Whether a federal appellate court can substantially change its prior judgment to intentionally sabotage a petitioner being able to file a subsequent habeas petition

Docket Entries

2019-10-07
Petition DENIED. Justice Gorsuch took no part in the consideration or decision of this petition.
2019-06-20
DISTRIBUTED for Conference of 10/1/2019.
2019-04-24
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 7, 2019)

Attorneys

Jason Brooks
Jason Brooks — Petitioner