No. 19-1174

John W. Kimbrough v. Ron Neal, Superintendent, Indiana State Prison

Lower Court: Seventh Circuit
Docketed: 2020-03-26
Status: Denied
Type: Paid
Response Waived
Tags: appellate-review federal-law habeas-corpus ineffective-assistance ineffective-assistance-of-counsel sentencing sentencing-relief strickland-standard strickland-v-washington
Key Terms:
HabeasCorpus
Latest Conference: 2020-04-24
Question Presented (from Petition)

1. Is it an unreasonable application of federal law to
hold, for Strickland purposes, that there was no
reasonable probability that the state's appellate
court would have granted sentencing relief if asked,when the same appellate court, as a historical fact,actually granted sentencing relief without
being
asked?

2. In reversing the district court's grant of habeas
relief, did the Seventh Circuit misidentify the stateappellate court's decision as one "not based onfederal law," although that state decisionexplicitly—though by concluding that there was no
reasonable probability that the state's appellatecourt would have granted sentencing relief if asked,when that same appellate court actually granted
sentencing relief without even being asked?

Question Presented (AI Summary)

Is it an unreasonable application of federal law to hold, for Strickland purposes, that there was no reasonable probability that the state's appellate court would have granted sentencing relief if asked, when the same appellate court, as a historical fact, actually granted sentencing relief without being asked?

Docket Entries

2020-04-27
Petition DENIED.
2020-04-08
DISTRIBUTED for Conference of 4/24/2020.
2020-04-06
Waiver of right of respondent Ron Neal to respond filed.
2020-03-23
Petition for a writ of certiorari filed. (Response due April 27, 2020)
2020-01-16
Application (19A803) granted by Justice Kavanaugh extending the time to file until March 22, 2020.
2020-01-11
Application (19A803) to extend the time to file a petition for a writ of certiorari from January 22, 2020 to March 22, 2020, submitted to Justice Kavanaugh.

Attorneys

John W. Kimbrough, III
Michael Kimble Ausbrook — Petitioner
Ron Neal
Thomas M. Fisher — Respondent