No. 18-9443

Arthur L. Campbell v. Sherman Campbell, Warden

Lower Court: Sixth Circuit
Docketed: 2019-05-29
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: buck-v-davis certificate-of-appealability district-court due-process habeas-corpus jurisdiction miller-el-v-cockrell procedural-error sixth-circuit standard-of-review statute-of-limitations
Key Terms:
AdministrativeLaw DueProcess HabeasCorpus
Latest Conference: 2020-01-10 (distributed 2 times)
Question Presented (from Petition)

I.
The Sixth Circuit conmitted plain error, contrary to Buck v. Davis,
137 S.Ct. 759 (2017) and Miller-E1 v.
v
Cockre11, 537 U.S. 322 (2003).
because it did not have jurisdiction to consider the merit of Canpbell's appeal fron the district court's ruling on his habeas petition
without issuing a certificate of appealability first.

II.
Whether reasonable jurist could debate the District. Court's procedural
holding that Canpbell had not net. the burden .to trigger a later start
date of.the statute of limitation under 28 U.S.C. S 2244(d)(1)(D)?

Question Presented (AI Summary)

Whether the Sixth Circuit committed plain error in considering the merits of Campbell's appeal without issuing a certificate of appealability first

Docket Entries

2020-01-13
Rehearing DENIED.
2019-12-18
DISTRIBUTED for Conference of 1/10/2020.
2019-11-12
Petition for Rehearing filed.
2019-10-07
Petition DENIED.
2019-07-11
DISTRIBUTED for Conference of 10/1/2019.
2019-06-28
Waiver of right of respondent Sherman Campbell, Warden to respond filed.
2019-01-14
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 28, 2019)

Attorneys

Arthur L. Campbell
Arthur L. Campbell — Petitioner
Sherman Campbell, Warden
Fadwa A. HammoudMichigan Department of Attorney General, Respondent