No. 18-977

John A. Anderson v. John F. Walrath, Warden

Lower Court: Fourth Circuit
Docketed: 2019-01-28
Status: Denied
Type: Paid
Response Waived
Tags: appellate-review certificate-of-appealability habeas-petition judicial-precedent judicial-proceedings stare-decisis supervisory-power supreme-court-rule supreme-court-rule-10(a)
Key Terms:
FifthAmendment HabeasCorpus CriminalProcedure
Latest Conference: 2019-03-01
Question Presented (from Petition)

Where the United States District Court for the Western District of Virginia concluded that reasonable jurists could disagree on the fundamental legal principle at issue in the underlying habeas petition, did that court's denial of a Certificate of Appealability (COA) (and the United States Court of Appeals for the Fourth Circuit's sanctioning thereof through summary affirmance on appeal), ignoring this Court's clear and precedential standard for the issuance of the COA, so far depart from the accepted and usual course of judicial proceedings with respect to the doctrine of stare decisis and adherence to this Court's rulings precedent as to call for an exercise of this Court's supervisory power under Supreme Court Rule 10(a)?

Question Presented (AI Summary)

Where the United States District Court for the Western District of Virginia concluded that reasonable jurists could disagree on the fundamental legal principle at issue in the underlying habeas petition, did that court's denial of a Certificate of Appealability (COA) (and the United States Court of Appeals for the Fourth Circuit's sanctioning thereof through summary affirmance on appeal), ignoring this Court's clear and precedential standard for the issuance of the COA, so far depart from the accepted and usual course of judicial proceedings with respect to the doctrine of stare decisis and adherence to this Court's rulings precedent as to call for an exercise of this Court's supervisory power under Supreme Court Rule 10(a)?

Docket Entries

2019-03-04
Petition DENIED.
2019-02-13
DISTRIBUTED for Conference of 3/1/2019.
2019-02-05
Waiver of right of respondent Walrath, Warden to respond filed.
2019-01-18
Petition for a writ of certiorari filed. (Response due February 27, 2019)

Attorneys

John A. Anderson
Roger Brandon StoughRoger B. Stough, PC, Petitioner
Walrath, Warden
Toby Jay HeytensOffice of the Attorney General, Respondent