No. 20-6876

Leon Tollette v. Benjamin Ford, Warden

Lower Court: Eleventh Circuit
Docketed: 2021-01-14
Status: Denied
Type: IFP
IFP
Tags: 28-usc-2254(d) eleventh-circuit federal-habeas-review harrington-v-richter ineffective-assistance-of-counsel statutory-interpretation wilson-v-sellers
Latest Conference: 2021-04-23
Question Presented (from Petition)

Whether, on federal habeas review under 28 U.S.C. § 2254(d), a federal court may refuse to "look through" to the last reasoned state court decision, as required by Wilson, and instead rely on Richter's "could have supported" approach, when a state appellate court issues a reasoned denial of a claim and an unreasoned summary denial of another claim?

Question Presented (AI Summary)

Whether, on federal habeas review under 28 U.S.C. § 2254(d), a federal court may refuse to 'look through' to the last reasoned state court decision, as required by Wilson, and instead rely on Richter's 'could have supported' approach, when a state appellate court issues a reasoned denial of a claim and an unreasoned summary denial of another claim?

Docket Entries

2021-04-26
Petition DENIED.
2021-04-08
DISTRIBUTED for Conference of 4/23/2021.
2021-04-07
Reply of petitioner Leon Tollette filed. (Distributed)
2021-03-09
Motion to delay distribution of the petition for a writ certiorari until April 8, 2021 granted.
2021-03-08
Motion of petitioner to delay distribution of the petition for a writ of certiorari under Rule 15.5 from March 17, 2021 to April 8, 2021, submitted to The Clerk.
2021-03-01
Brief of respondent Benjamin Ford in opposition filed.
2021-02-03
Motion to extend the time to file a response is granted and the time is extended to and including March 2, 2021.
2021-02-02
Motion to extend the time to file a response from February 16, 2021 to March 2, 2021, submitted to The Clerk.
2021-01-08
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 16, 2021)

Attorneys

Benjamin Ford
Sabrina D. GrahamSenior Assistant Attorney General, Respondent
Leon Tollette
Anna Marie ArceneauxGeorgia Resource Center, Petitioner