No. 20-1246

Anna Valentine, Warden v. Johnny Phillips

Lower Court: Sixth Circuit
Docketed: 2021-03-09
Status: Denied
Type: Paid
Response RequestedResponse WaivedRelisted (2)
Tags: appellate-review brady-disclosure brady-v-maryland credibility-determination district-court expert-witness federal-civil-procedure federal-habeas habeas-corpus standard-of-review
Key Terms:
HabeasCorpus
Latest Conference: 2021-09-27 (distributed 2 times)
Question Presented (from Petition)

(1) Did the Sixth Circuit violate Fed. Rule Civ. P. 52(a)(6) when it failed to apply the proper, heightened and deferential standard to the district court's expert witness credibility determination?

(2) Did the Sixth Circuit usurp the district court's expert witness gatekeeping function when it held that the district court should have credited the testimony of Phillips's expert — and granted Phillips's petition — simply because that testimony was not blatantly self-serving or dishonest?

Question Presented (AI Summary)

Did the Sixth Circuit violate Fed. Rule Civ. P. 52(a)(6) when it failed to apply the proper, heightened and deferential standard to the district court's expert witness credibility determination?

Docket Entries

2021-10-04
Petition DENIED.
2021-06-16
DISTRIBUTED for Conference of 9/27/2021.
2021-05-28
Brief of respondent Johnny Phillips in opposition filed.
2021-04-26
Supplemental brief of petitioner Anna Valentine filed.
2021-04-23
Motion to extend the time to file a response is granted and the time is extended to and including May 28, 2021.
2021-04-22
Motion to extend the time to file a response from April 28, 2021 to May 28, 2021, submitted to The Clerk.
2021-03-29
Response Requested. (Due April 28, 2021)
2021-03-16
DISTRIBUTED for Conference of 4/1/2021.
2021-03-11
Waiver of right of respondent Johnny Phillips to respond filed.
2021-03-05
Petition for a writ of certiorari filed. (Response due April 8, 2021)

Attorneys

Anna Valentine
Courtney J. HightowerAttorney General's Office, Petitioner
Johnny Phillips
Alan Evan SchoenfeldWilmer, Cutler, Pickering, Hale and Dorr, LLP, Respondent