No. 18-9326

David Marshall v. Wisconsin

Lower Court: Seventh Circuit
Docketed: 2019-05-17
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appellate-jurisdiction certificate-of-appealability civil-procedure constitutional-right constitutional-rights due-process habeas-corpus habeas-petition jurists-of-reason procedural-ruling seventh-circuit
Key Terms:
FourthAmendment DueProcess CriminalProcedure
Latest Conference: 2019-10-01
Question Presented (from Petition)

1) Whether the United States Court of Appeals for the Seventh Circuit erred, when it failed to issue a Certificate of Appealibility under title 28 U.S §1291, 2253(c), and Fed. 22(b). When the petitioner is made a substantial showing of a Constitutional Right as indicting by BAREFOOT V. ESTELLE, 463 U.S. 880, 893 (1983).

2) A jurists of reason would find it debatable whether the habeas petition states a valid claim of the denial of a constitutional Right.

3) A jurists of reason would find it debatable whether the district court was correct in its procedural ruling.

Question Presented (AI Summary)

Whether the United States Court of Appeals for the Seventh Circuit erred in failing to issue a Certificate of Appealability

Docket Entries

2019-10-07
Petition DENIED.
2019-06-27
DISTRIBUTED for Conference of 10/1/2019.
2019-06-05
Waiver of right of respondent Wisconsin to respond filed.
2018-10-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 17, 2019)

Attorneys

David Marshall
David Marshall — Petitioner
Wisconsin
Lisa E. F. KumferWisconsin Department of Justice, Respondent