No. 20-5125

In Re Allen Fitzgerald Calton

Lower Court: N/A
Docketed: 2020-07-21
Status: Denied
Type: IFP
IFP
Tags: 14th-amendment brady-violation civil-rights constitutional-law due-process federal-law federal-review habeas-corpus
Latest Conference: 2020-09-29
Question Presented (from Petition)

Whether the resolution of Petitioner's Brady Violation claim by the State courts resulted in a decision that was contrary to or involved an unreasonable application of clearly established federal law as determined by the U.S. Supreme Court, in violation of the Fifth Amendment.

(2) Whether the resolution of Petitioner's Brady Violation claim by the State courts resulted in a decision that was based on an unreasonable determination of the facts in light of the evidence presented to the State court proceedings, in violation of the Fifth and Fourteenth Amendments.

(3) Whether the State court remedy of Writ of Habeas Corpus afforded to Petitioner was seriously inadequate in that the State court proceeding did not afford Petitioner a full and fair adjudication of federal questions raised by affording Petitioner an evidentiary hearing, as promulgated by this Court in Townsend v. Sain, 372 U.S. 293 (1963), in violation of the Fifth Amendment.

Question Presented (AI Summary)

Whether the resolution of petitioner's Brady violation claim by the state courts resulted in a decision that was contrary to or involved an unreasonable application of clearly established federal law as determined by the U.S. Supreme Court, in violation of the 14th Amendment

Docket Entries

2020-10-05
The motion for leave to proceed in forma pauperis is denied, and the petition for a writ of habeas corpus is dismissed. See Rule 39.8.
2020-07-23
DISTRIBUTED for Conference of 9/29/2020.
2020-06-03
Petition for writ of habeas corpus and motion for leave to proceed in forma pauperis filed.

Attorneys

Allen Fitzgerald Calton
Allen F. Calton — Petitioner