No. 21-5554

Joseph H. Gibbs v. South Carolina

Lower Court: South Carolina
Docketed: 2021-09-01
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: civil-rights constitutional-standard due-process federal-courts fundamental-fairness habeas-corpus harmless-error standing state-court-process state-courts
Latest Conference: 2022-02-18 (distributed 2 times)
Question Presented (from Petition)

Abrogated constitutional holdings/ in its application of the legal standard/ (...fundamental fairness shocking to universal justice ) in Butler V State 397 SE.2d 87/38 (1990)/ and Dissent of Justice Marshall in Sutler 103 S.Ct 242 (1982); When prior court processes were inadequate & unavailable; and this standard is used to substitute harmless error analysis nation wide.?

Whether this court should issue an order of rule "nisi"/ II28~!J5C-§ 165.1; authorizing petitioner to move the OS District court for Habeas under 28-U5C-§ 2241( c)(d) and andon issues "Arising Under" laws constitution; on issues not previously answered by the state., order addressing merits on 6/2/21.?

Question Presented (AI Summary)

Whether the state court abrogated this court's constitutional holdings in its application of the legal standard of 'fundamental fairness shocking to universal justice' and whether this standard is used to substitute harmless error analysis nationwide

Docket Entries

2022-02-22
Rehearing DENIED.
2022-02-02
DISTRIBUTED for Conference of 2/18/2022.
2021-10-26
Petition for Rehearing filed.
2021-10-12
Petition DENIED.
2021-09-23
DISTRIBUTED for Conference of 10/8/2021.
2021-09-20
Waiver of right of respondent South Carolina to respond filed.
2021-07-20
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 1, 2021)

Attorneys

Joseph H. Gibbs
Joseph Hugo Gibbs — Petitioner
South Carolina
Mark Reynolds FarthingSouth Carolina Office of the Attorney General, Respondent