No. 19-7749

Andrey L. Bridges v. David W. Gray, Warden

Lower Court: Sixth Circuit
Docketed: 2020-02-24
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: 14th-amendment 5th-amendment 6th-amendment 8th-amendment actual-innocence constitutional-amendments due-process equal-protection factual-innocence habeas-corpus habeas-review res-judicata strickland-v-washington
Latest Conference: 2020-06-18 (distributed 2 times)
Question Presented (from Petition)

I: Does the State affirmative defense of Res Judicata defeats Amendment Fifth; Sixth; Eighth, and Fourteenth of the United States Constitution?

II: If a free standing claim show Factual Innocence, or Actual Innocence, should it be allowed to be heard and reviewed in "all" courtfsl . when the free standing claim shows a manifest injustice of Due Process, and Equal Protection[s] of the Law, as protected by Amendment 5th, 6th, and 14th of the United States Constitution?

III: In a circumstantial case, if record produces speculation on the elements of charge[s] and on the evidence, does speculation holds as set forth in O'Laushlin v. O'Brian , 568 F.3d 287, 304,308, and Brown v. Palmer . 441 F.3d 347, 351 and makes a conviction "unconstitutional, contrary, and unreasonable to federal law?

IV: Under Schuln v. Delo. 513 U.S. 298, 330 (1995); holding: the assessment of witness credibility is beyond the scope of [habeas review], "But " when the witness credibility and evidence is flawed should Schulp; be left open to habeas review as Bousley, 523 U.S. at 623, and Murray v. Carrier . All U.S. at 496?

V: If the record shows counsel was deficient and resulted in actual prejudice, as held by the United States Supreme Court precedent in Strickland v. Washington . 466 U. S. 668, 688, did the lower court[s], in reviewing this claim; violate Constitutional rights of Petitioner when it made exceptions to and by passed Due Process of law as held by 14th Amendment of the United States Constitution?

Question Presented (AI Summary)

Does the State affirmative defense of Res Judicata defeats Amendment Fifth; Sixth; Eighth, and Fourteenth of the United States Constitution?

Docket Entries

2020-06-22
Rehearing DENIED.
2020-06-02
DISTRIBUTED for Conference of 6/18/2020.
2020-04-17
2020-03-23
Petition DENIED.
2020-03-05
DISTRIBUTED for Conference of 3/20/2020.
2020-03-02
Waiver of right of respondent Gray, Warden to respond filed.
2020-01-16
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 25, 2020)

Attorneys

Andrey Bridges
Andrey L. Bridges — Petitioner
Gray, Warden
Benjamin Michael FlowersOhio Attorney General Dave Yost, Respondent