No. 20-5523

Brian Jury v. David W. Gray, Warden

Lower Court: Sixth Circuit
Docketed: 2020-08-26
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: certificate-of-appealability circuit-court civil-procedure civil-rights constitutional-claims due-process fourteenth-amendment fourth-amendment habeas-corpus standing statutory-procedure
Latest Conference: 2020-12-04 (distributed 2 times)
Question Presented (from Petition)

1) Would reasonable jurors find the district court's assessment of this petitioner's constitutional claims to be debatable or wrong, or whether his habeas corpus petition claims should have been resolved in a different manner or that the issues presented were adequate to deserve encouragement to proceed further; to include, whether the district court was correct in its procedural rulings?

2) Was the Sixth Circuit Court of Appeals' denial of this petitioner's Certificate of Appealability (CoA) proper:

A) Did the circuit appellate court violate Buck v. Davis, 137 S.Ct. 759 (2017), when it inverted the statutory order of operations by first deciding the merits of this petitioner's appeal, then justify its denial of the CoA based on its adjudication of the actual merits; and,

B) Was the Sixth Circuit Court of Appeals permitted to circumvent the district court's assessment of this petitioner's constitutional claims to justify its denial of this (or any) petitioner's CoA?

3) Petitioner's arrest and trial proceedings were premised on a warrant (later to be found nonexistent) that since poses two separate Fourth Amendment and/or Fourteenth Amendment claims:

A) Can a McLaughlin violation be insulated/invalidated if a reviewing court determines probable cause (Is a McLaughlin violation independent of a reviewing court's determination of probable cause); and,

B) Whether probable cause existed (at the moment of/prior to the arrest) to justify the arrest?

Question Presented (AI Summary)

Whether the district court's assessment of the petitioner's constitutional claims was debatable or wrong, and whether the habeas corpus petition claims should have been resolved differently

Docket Entries

2020-12-07
Rehearing DENIED.
2020-11-10
DISTRIBUTED for Conference of 12/4/2020.
2020-10-30
Petition for Rehearing filed.
2020-10-13
Petition DENIED.
2020-09-17
DISTRIBUTED for Conference of 10/9/2020.
2020-09-09
Waiver of right of respondent David Gray to respond filed.
2020-08-20
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 25, 2020)

Attorneys

Brian Jury
Brian Jury — Petitioner
David Gray
Benjamin Michael FlowersOhio Attorney General Dave Yost, Respondent