No. 21-6752
Franklin McPherson v. William Keyser, Jr., Superintendent, Sullivan Correctional Facility
Tags: AEDPA-deference cause-and-prejudice circuit-split de-novo-review habeas-corpus ineffective-assistance ineffective-assistance-of-counsel procedural-default
Latest Conference:
2022-03-04
Question Presented (from Petition)
1. Does de novo review or AEDPA deference apply when a habeas petitioner advances a claim of ineffective assistance of counsel as cause to excuse a procedural default?
2. When a state court rules that a claim is procedurally defaulted and "in any event" not meritorious, will this Court presume that the claim was adjudicated on the merits?
Question Presented (AI Summary)
Does de novo review or AEDPA deference apply when a habeas petitioner advances a claim of ineffective assistance of counsel as cause to excuse a procedural default?
Docket Entries
2022-03-07
Petition DENIED.
2022-02-17
DISTRIBUTED for Conference of 3/4/2022.
2021-12-22
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 3, 2022)
Attorneys
Franklin McPherson
Jamesa J. Drake — Drake Law LLC, Petitioner