No. 19-6817

Anthony Wheeler v. Ron Neal, Superintendent, Indiana State Prison

Lower Court: Seventh Circuit
Docketed: 2019-12-03
Status: Denied
Type: IFP
Response WaivedIFP
Tags: certificate-of-appealability constitutional-rights due-process expungement ineffective-assistance ineffective-assistance-of-counsel sentencing sentencing-standards sixth-amendment standard-of-review
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2020-01-24
Question Presented (from Petition)

I. Did the Seventh Circuit err under Miller-El v. Cockrell , 537 U.S. 322, 336–38
(2003) and Buck v. Davis , 137 S. Ct. 759, 773–74 (2017), when it determined
Petitioner had not made a "substantial showing of a denial of a constitutional
right" and denied a certificate of appealability after the district court—and the
Indiana state courts, before it—applied to Petitioner's sentencing claim a
standard higher than that constitutionally required by Townsend v. Burke , 334
U.S. 736 (1948) and United States v. Tucker , 404 U.S. 443 (1972)?

II. Similarly, did the Seventh Circuit err when it failed to issue a certificate of
appealability with respect to Petitioner's Sixth Amendment claim that his
lawyer had been ineffective for failing to investigate the circumstances of
Petitioner's arrest for another crime—an arrest that was later expunged,
because a state court necessarily found Petitioner had nothing to do with
whatever lead to that arrest, but was used nonetheless as the principal
aggravating factor justifying Petitioner's effective life sentence of 90 years.

III. Should a certificate of appealability issue as a matter of course when a district
court relies on incorrect standards to analyze a claim, because its resolution of
the claim will then always be debatable; to conclude otherwise, a circuit court
of appeals would either have to apply the wrong standards, itself, or it would
have to address the claim on its merits, which 28 U.S.C. § 2253(c) "forbids"?
Miller-El v. Cockrell , 537 U.S. 322, 336–37 (2003); accord Buck v. Davis , 137 S.
Ct. 759, 773 (2017))?

Question Presented (AI Summary)

Did the Seventh Circuit err under Miller-El v. Cockrell and Buck v. Davis when it determined Petitioner had not made a substantial showing of a denial of a constitutional right and denied a certificate of appealability

Docket Entries

2020-01-27
Petition DENIED.
2020-01-09
DISTRIBUTED for Conference of 1/24/2020.
2019-12-26
Waiver of right of respondent Ron Neal to respond filed.
2019-11-22
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 2, 2020)
2019-09-20
Application (19A323) granted by Justice Kavanaugh extending the time to file until November 22, 2019.
2019-09-17
Application (19A323) to extend the time to file a petition for a writ of certiorari from September 23, 2019 to November 22, 2019, submitted to Justice Kavanaugh.

Attorneys

Anthony Wheeler
Michael Kimble AusbrookIndiana University Maurer School of Law, Petitioner
Ron Neal
Stephen Richard Creason — Respondent