No. 19-5799

Jesse Lee Coddington v. John Davids, Warden

Lower Court: Sixth Circuit
Docketed: 2019-09-04
Status: Denied
Type: IFP
Response WaivedIFP
Tags: civil-procedure constitutional-rights court-rule due-process federal-courts federal-habeas habeas-corpus ineffective-assistance privileges-and-immunities privileges-or-immunities procedural-default state-courts
Key Terms:
DueProcess HabeasCorpus Securities Privacy
Latest Conference: 2019-11-01
Question Presented (from Petition)

1. According to Cone V. Bell , 556 U.S. 449, can Michigan's Court Rule 6.508 (D)(2) be used to procedurally default a Petitioner's claims from federal habeas adjdication ?

2. Does federal Rule of civil procedure 60(b) 1 through 6 apply equally to federal habeas corpus?

3. Can a State create a court rule that shall abridge the privileges or immunities of citizens of the United States ?

4. Does the Fourteenth Amendment, Sec. 1. of the United States Constitution apply equally to all citizens of the United States?

5. When collateral review is the first opportunity in Michigan for Petitioner to raise a claim of ineffective assistance of appellate counsel, can MCR 6.508 (D)(3) be used to procedurally bar this issue?

Question Presented (AI Summary)

Can Michigan's Court Rule 6.508 (BD) (2) be used to procedurally default a Petitioner's claims from federal habeas adjudication?

Docket Entries

2019-11-04
Petition DENIED.
2019-10-21
Waiver of right of respondent John Davids, Warden to respond filed.
Main Document
2019-10-17
DISTRIBUTED for Conference of 11/1/2019.
2019-01-22
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 4, 2019)
Motion for Leave to Proceed in Forma PauperisPetitionAppendixProof of Service

Attorneys

Jesse Lee Coddington
Jesse Lee Coddington — Petitioner
John Davids, Warden
Fadwa A. Hammoud — Michigan Department of Attorney General, Respondent