Question Presented (from Petition)
Whether, as concluded by every circuit that has considered the issue, the preservation rule applies to the State's forfeiture of harmlessness in AEDPA cases absent some threshold finding of extraordinary or compelling circumstances.
Whether the Fifth Circuit misapplied the standard set forth in Brecht v. Abrahamson, 507 U.S. 619 (1993), when, performing the fact-intensive harmlessness analysis in the first instance and without the benefit of adversary briefing, the court assessed only the sufficiency of the evidence apart from the violative confession rather than the impact of the Confrontation Clause violation itself.
Question Presented (AI Summary)
Whether the preservation rule applies to the State's forfeiture of harmlessness in AEDPA cases
2021-10-27
DISTRIBUTED for Conference of 11/12/2021.
2021-10-26
Reply of petitioner Justin Terrell Atkins filed. (Distributed)
2021-10-13
Motion for leave to proceed in forma pauperis filed by petitioner Justin Terrell Atkins.
2021-10-12
Brief of respondent Timothy Hooper, Warden Elayn Hunt Correction Center in opposition filed.
2021-09-08
Motion to extend the time to file a response is granted and the time is further extended to and including October 12, 2021.
2021-09-07
Motion to extend the time to file a response from September 10, 2021 to October 12, 2021, submitted to The Clerk.
2021-07-28
Motion to extend the time to file a response is granted and the time is extended to and including September 10, 2021.
2021-07-27
Motion to extend the time to file a response from August 11, 2021 to September 10, 2021, submitted to The Clerk.
2021-07-12
Response Requested. (Due August 11, 2021)
2021-06-23
DISTRIBUTED for Conference of 9/27/2021.
2021-06-15
Waiver of right of respondent Timothy Hooper, Warden Elayn Hunt Correction Center to respond filed.
2021-05-14
Petition for a writ of certiorari filed. (Response due June 17, 2021)