No. 21-6619

Jeremiah Y. Nation v. Scott R. Frakes, Director, Nebraska Department of Correctional Services

Lower Court: Eighth Circuit
Docketed: 2021-12-15
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appellate-jurisdiction certificate-of-appealability constitutional-violation evidentiary-hearing fourth-amendment habeas-corpus judicial-process legal-review procedural-grounds procedural-review state-court state-court-petition
Latest Conference: 2022-02-18
Question Presented (from Petition)

Should a Certificate of Appedability be issued on a Fourth Amendment claim in a Habeas Corpus petition if there Las a dispute in the l.s. District Court regarding whether or not the State Court held an evidentiary hearing on the claim,and the petition was dismissed on procedural grounds?

Claim where the facts are in dispute?

Should a U.S. Court of Appeals make findings of reason when issuing or denying an application for a Certificate of Appealabil.

Question Presented (AI Summary)

Should a Certificate of Appealability be issued on a Fourth Amendment claim in a Habeas Corpus petition where there was a dispute in the U.S. District Court regarding whether or not the State Court held an evidentiary hearing on the claim, and the petition was dismissed on procedural grounds?

Docket Entries

2022-02-22
Petition DENIED.
2022-01-13
DISTRIBUTED for Conference of 2/18/2022.
2022-01-10
Waiver of right of respondent Frakes, Dir., NE DOC to respond filed.
Main Document
2021-12-01
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 14, 2022)
Motion for Leave to Proceed in Forma PauperisPetitionAppendixProof of Service

Attorneys

Frakes, Dir., NE DOC
James A. Campbell — Nebraska Attorney General's Office, Respondent
Jeremiah Y. Nation
Jeremiah Y. Nation — Petitioner