No. 20-7685

Terrance Heard v. Grady Perry, Warden

Lower Court: Sixth Circuit
Docketed: 2021-04-07
Status: Denied
Type: IFP
Response WaivedIFP
Tags: ATC-claim constitutional-claim district-court-review district-courts factual-development ineffective-assistance-of-counsel martinez-standard Martinez-v-Ryan Miller-El-Cockrell-standard procedural-default
Key Terms:
HabeasCorpus
Latest Conference: 2021-06-03
Question Presented (from Petition)

Whether the Tennessee District Courts are correctly considering whether a procedurally defaulted IATC claim is substantial, having merit, presented under the Miller-El Cockrell standard, which was defined in this Court's Martinez v. Ryan, 132 S.Ct. 1309 (2012), decision, when the District Courts are denying consideration of these claims, without any factual development?

Question Presented (AI Summary)

Whether the Tennessee District Courts are correctly considering whether a procedurally defaulted ATC claim is substantial, having merit, presented under the Miller-El Cockrell standard, which was defined in this Court's Martinez v. Ryan, 132 S.Ct. 1309 (2012), decision, when the District Courts are denying consideration of these claims, without any factual development

Docket Entries

2021-06-07
Petition DENIED.
2021-05-19
DISTRIBUTED for Conference of 6/3/2021.
2021-05-11
Waiver of right of respondent Grady Perry to respond filed.
2021-02-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 7, 2021)

Attorneys

Grady Perry
Richard Davison DouglasState of Tennessee Attorney General, Respondent
Terrance Heard
Terrance Heard — Petitioner