No. 19-5074

Forge Dennis Mileham v. Jeff Premo, Superintendent, Oregon State Penitentiary

Lower Court: Ninth Circuit
Docketed: 2019-07-03
Status: Denied
Type: IFP
Response WaivedIFP
Tags: certificate-of-appealability claim-exhaustion exhaustion exhaustion-of-state-remedies federal-review habeas-corpus ineffective-assistance ineffective-assistance-of-counsel miller-el-v-cockrell state-court-proceedings vasquez-v-hillery
Key Terms:
HabeasCorpus
Latest Conference: 2019-10-01
Question Presented (from Petition)

Whether a Court of Appeals' denial of a certificate of appealability conflicts with this Court's rulings in Vasquez v. Hillery, 474 U.S. 254, 260 (1986), and Miller-El v. Cockrell, 537 U.S. 322, 336 (2003), where the district court determined that ineffective assistance of counsel claims were exhausted even though the federal claims included robust and disturbing factual allegations as compared to the state court claims whose factual allegations were sparse and qualitatively neutral.

Question Presented (AI Summary)

Whether a Court of Appeals' denial of a certificate of appealability conflicts with this Court's rulings in Vasquez v. Hillery and Miller-El v. Cockrell, where the district court determined that ineffective-assistance-of-counsel claims were exhausted even though the federal claims included robust and disturbing factual allegations as compared to the state court claims whose factual allegations were sparse and qualitatively neutral

Docket Entries

2019-10-07
Petition DENIED.
2019-07-25
DISTRIBUTED for Conference of 10/1/2019.
2019-07-16
Waiver of right of respondent Mr. Premo to respond filed.
2019-07-01
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 2, 2019)

Attorneys

Forge Dennis Mileham
Oliver Loewy — Petitioner
Mr. Premo
Benjamin Noah GutmanOregon Department of Justice, Respondent