No. 18-9329

Sean M. Barnhill v. United States

Lower Court: Sixth Circuit
Docketed: 2019-05-17
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appellate-standard certificate-of-appealability civil-procedure due-process evidentiary-hearing habeas-corpus judicial-procedure pro-se-petition section-2255 sixth-amendment sixth-circuit-review standard-of-review
Latest Conference: 2019-06-20
Question Presented (from Petition)

Did the Sixth Circuit err by exceeding the scope of the COA analysis when it re-adjudicated the merits of pro se petitioner's § 2255, and then denied the COA request after determining that reasonable jurists either "would not disagree" with or "would not debate" the District Court's conclusions?

Did the Sixth Circuit create a new rule of law, not supported by statute or this Court's precedent, by requiring evidentiary and/or case law support for a COA request?

Did the court circumvent the law by failing to conduct an evidentiary hearing, preventing the record from being reopened?

Should this Court grant Petitioner a Certificate of Appealability?

Question Presented (AI Summary)

Did the Sixth Circuit err by exceeding the scope of the COA analysis

Docket Entries

2019-06-24
Petition DENIED.
2019-06-05
DISTRIBUTED for Conference of 6/20/2019.
2019-05-28
Waiver of right of respondent United States to respond filed.
2019-05-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 17, 2019)

Attorneys

Sean M. Barnhill
Sean Barnhill — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent