No. 20-6201

Anthony Thomas v. Victor Calloway, Warden

Lower Court: Seventh Circuit
Docketed: 2020-11-03
Status: Denied
Type: IFP
Response WaivedIFP
Tags: certificate-of-appealability district-court due-process federal-constitutional-law habeas habeas-corpus perjury procedural-default state-law
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2020-12-04
Question Presented (from Petition)

1. Should a certificate of appealability have issued where the
District Court incorrectly opined that claims raised by
Mr. Thomas were matters of state law, overlooking that the
preserved issues were argued and well-grounded under federal
constitutional law?

2. Should a certificate of appealability have issued where the
District Court incorrectly opined Mr. Thomas' perjury claim
was procedurally defaulted, ignoring that state post-conviction
appellate counsel inappropriately withdrew on state appeal,
thereby stifling Mr. Thomas' continued attempts to have his
claim considered in one complete round of state appellate
review?

3. Are the integrity of the habeas proceedings compromised
requiring remand back to the District Court where the court
ruled on Mr. Thomas' petition without allowing him to respond
to the State's answer, where Mr. Thomas never refused or failed
to respond, but rather asked for help in responding, citing the
difficulty in understanding the complex procedural doctrines
made by attorneys who had significant advantage over him?

Question Presented (AI Summary)

Should a certificate of appealability have issued?

Docket Entries

2020-12-07
Petition DENIED. Justice Barrett took no part in the consideration or decision of this petition.
2020-11-18
DISTRIBUTED for Conference of 12/4/2020.
2020-11-10
Waiver of right of respondent Calloway, Warden to respond filed.
2020-10-22
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 3, 2020)

Attorneys

Anthony Thomas
Anthony Thomas — Petitioner
Calloway, Warden
Michael Marc Glick — Respondent