No. 21-7728

Antonio M. Branco v. Massachusetts

Lower Court: First Circuit
Docketed: 2022-04-27
Status: Denied
Type: IFP
Response WaivedIFP
Tags: civil-rights due-process exhaustion-of-remedies federal-jurisdiction habeas-corpus state-appeals
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2022-05-26
Question Presented (from Petition)

Question 1. May a dismissal of a Section 2254 Petition based on failure to exhaust state remedies, be overturned, given that the judgement conflicts with other Federal Circuits rulings holding that unjustifiable excessive state system appellate delay exempts the nonjurisdictional exhaustion requirement?

Question 2. May a dismissal of a Section 2254 Petition, based on failure to exhaust state remedies, be overturned, given that the judgement conflicts with other Federal Circuits rulings holding that unjustifiable excessive state system appellate delay violates the Appellant Petitioner's Constitutional Rights, and constitutes a deprivation of Due Process, sufficient grounds to justify the exercise of Federal Habeas Jurisdiction?

Question 3. May a dismissal of a Section 2254 Petition, based on failure to exhaust state remedies, be overturned, given that the same important matter holding that unjustifiable excessive state system appellate delay constitutes existence of circumstances present in state appeals process that render that process ineffective to protect the Rights of the prisoner and is grounds to exempt exhaustion of state remedies?

Question 4. May a dismissal of a Section 2254 Petition, based on failure to exhaust state remedies, be overturned, given that the judgement conflicts with that same Circuit's Binding Precedent on unjustifiable excessive state system appellate delay violates the Appellant Petitioner's Constitutional Rights and constitutes a deprivation of Due Process cognizable in Federal Court?

May a dismissal of a Section 2254 Petition, based on failure to exhaust state remedies, be overturned, given that the judgement so far departed from and conflicts with this Most Honorable Court's relevant decisions on same important matter holding that exhaustion requirement is not jurisdictional or binding the Federal Court merely comity based and that thus failure to exhaust is not an absolute bar to Federal Habeas Claims?

May a dismissal of a Section 2254 Petition on failure to exhaust state remedies, be overturned, given that the judgement so far departs from and conflicts with this Court's relevant decisions on same important matter holding that unjustifiable excessive state system appellate delay violates the Appellant-Petitioner's Constitutional Rights, AND that where a state system grants the right to an appeals process from conviction, that process must be Constitutionally comporting and be conducted subject to the demands of Due Process, which this Court has defined as an Appeal processed at a Meaningful Time, and in a Meaningful Manner?

Question Presented (AI Summary)

Whether the dismissal of a Section 2254 petition based on failure to exhaust state remedies should be overturned, given that the judgment conflicts with other federal circuit rulings holding that unjustifiable excessive state system appellate delay violates the petitioner's constitutional rights and constitutes a deprivation of due process

Docket Entries

2022-08-22
Rehearing DENIED.
2022-07-28
DISTRIBUTED.
2022-06-26
Petition for Rehearing filed.
2022-05-31
Petition DENIED.
2022-05-11
DISTRIBUTED for Conference of 5/26/2022.
2022-05-05
Waiver of right of respondent Massachusetts to respond filed.
2022-04-26
Application (21A653) granted by Justice Breyer extending the time to file until April 21, 2022.
2022-04-20
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 27, 2022)
2022-02-09
Application (21A653) to extend the time to file a petition for a writ of certiorari from February 20, 2022 to April 21, 2022, submitted to Justice Breyer.

Attorneys

Antonio M. Branco
Antonio M. Branco — Petitioner
Massachusetts
Eva Marie BadwayOffice of the Massachusetts Attorney General, Respondent