No. 21-6238
Donald Broadnax v. John Q. Hamm, Commissioner, Alabama Department of Corrections
IFP
Tags: AEDPA aedpa-deference due-process federal-habeas-corpus hearsay hearsay-evidence ineffective-assistance ineffective-assistance-of-counsel postconviction-relief state-evidentiary-rules state-postconviction-proceedings
Key Terms:
DueProcess HabeasCorpus
DueProcess HabeasCorpus
Latest Conference:
2022-03-18
Question Presented (from Petition)
Alabama prohibits a state postconviction petitioner from introducing hearsay to prove a penalty phase ineffective assistance of counsel claim. By contrast, the same hearsay is admissible in the penalty phase of a capital trial.
1. Does AEDPA deference apply where a federal court considers whether state postconviction evidentiary rules violate due process?
2. Can a state bar hearsay offered to prove an ineffective assistance of counsel claim where that same hearsay was admissible at trial?
Question Presented (AI Summary)
Does AEDPA deference apply to state postconviction evidentiary rules?
Docket Entries
2022-03-21
Petition DENIED.
2022-02-24
DISTRIBUTED for Conference of 3/18/2022.
2022-02-23
Reply of petitioner Donald Broadnax filed. (Distributed)
2022-02-08
Brief of respondent John Q. Hamm, Commissioner, Alabama Department of Corrections in opposition filed.
2022-01-11
Motion to extend the time to file a response is granted and the time is extended to and including February 9, 2022.
2022-01-10
Motion to extend the time to file a response from December 10, 2021 to February 9, 2022, submitted to The Clerk.
2021-11-08
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 10, 2021)
Attorneys
Donald Broadnax
John Anthony Palombi — Federal Defenders, Petitioner
John Q. Hamm, Commissioner, Alabama Department of Corrections