No. 20-5570
Richard Bernard Moore v. Bryan P. Stirling, Director, South Carolina Department of Corrections, et al.
Amici (2)IFP
Tags: adjudicated-on-the-merits fair-presentation fair-presentation-doctrine habeas habeas-corpus ineffective-assistance-counsel martinez-rule martinez-v-ryan new-evidence procedural-default state-post-conviction-review
Latest Conference:
2020-10-30
Question Presented (from Petition)
In determining whether a claim has been fairly presented to, and "adjudicated on the merits" by, the state courts for § 2254(d) purposes, must a federal habeas court examine and compare not only the legal theory but also the factual support presented first in state court and then in federal court?
Question Presented (AI Summary)
In determining whether a claim has been fairly presented to, and 'adjudicated on the merits' by, the state courts for § 2254(d) purposes, must a federal habeas court examine and compare not only the legal theory but also the factual support presented first in state court and then in federal court?
Docket Entries
2020-11-02
Petition DENIED. Justice Barrett took no part in the consideration or decision of this petition.
2020-10-15
DISTRIBUTED for Conference of 10/30/2020.
2020-10-13
Reply of petitioner Richard Moore filed. (Distributed)
2020-10-02
Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
2020-10-02
Brief amici curiae of Federal Courts and Habeas Professors filed.
2020-09-28
Brief of respondents Bryan Stirling, et al. in opposition filed.
2020-08-27
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 2, 2020)
Attorneys
Bryan Stirling, et al.
Federal Courts and Habeas Professors
Caitlin Joan Halligan — Selendy & Gay PLLC, Amicus
National Association of Criminal Defense Lawyers
Richard Moore
Lindsey Sterling Vann — Justice 360, Petitioner