No. 19-5524

Tong Lor v. Shane Jackson, Warden

Lower Court: Sixth Circuit
Docketed: 2019-08-08
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 28-usc-2254 aedpa evidence-presented-in-state-court federal-habeas-review federal-review habeas-corpus habeas-corpus-review judicial-procedure presumption-of-correctness state-court-finding-of-fact state-court-findings unreasonable-determination-of-facts
Latest Conference: 2019-10-01
Question Presented (from Petition)

DOES THE ANTITERRORISM AND EFFECTIVE DEATH PENALTY ACT OF 1996 (AEDPA) REQUIRE THE PRESUMPTION OF CORRECTNESS TO BE APPLIED TO THE STATE COURT'S FINDING OF FACT WHEN THE PETITIONER IS CHALLENGING THAT FACT, UNDER 28 U.S.C.A. § 2254(d)(2) [THAT] RESULTED IN A DECISION THAT WAS BASED ON AN UNREASONABLE DETERMINATION OF THE FACTS IN LIGHT OF THE EVIDENCE PRESENTED IN THE STATE COURT PROCEEDING BEFORE JUDICIAL REVIEW?

IF, A PETITIONER OVERCOMES THE UNREASONABLE DETERMINATION OF THE FACTS IN LIGHT OF THE EVIDENCE PRESENTED IN THE STATE COURT PROCEEDING IS HE OR SHE STILL REQUIRED TO OVERCOME THE PRESUMPTION OF CORRECTNESS UNDER 28 U.S.C.A. 2254 (e)(1); "THE APPLICANT SHALL HAVE THE BURDEN OF REBUTTING THE PRESUMPTION OF CORRECTNESS BY CLEAR AND CONVINCING EVIDENCE."

Question Presented (AI Summary)

Does the AEDPA require the presumption of correctness to be applied to the state court's finding of fact when the petitioner is challenging that fact, under 28 U.S.C.A. § 2254(d)(2)

Docket Entries

2019-10-07
Petition DENIED.
2019-09-12
DISTRIBUTED for Conference of 10/1/2019.
2019-08-30
Waiver of right of respondent Shane Jackson, Warden to respond filed.
2019-05-24
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 9, 2019)

Attorneys

Shane Jackson, Warden
Fadwa A. HammoudMichigan Department of Attorney General, Respondent
Tong Lor
Tong Lor — Petitioner