No. 22-304

Frank Oswald v. Nicholas Mauer, et al.

Lower Court: Sixth Circuit
Docketed: 2022-09-29
Status: Denied
Type: Paid
Response Waived
Tags: appellate-procedure certificate-of-appealability constitutional-claims constitutional-rights due-process habeas-corpus judicial-review reasonable-jurists sixth-circuit
Latest Conference: 2022-10-28
Question Presented (from Petition)

Does a Circuit Court's denial of an application for a Certificate of Appealability based on the merits of the appeal, rather than on whether reasonable jurists could disagree on a petitioner's constitutional claims, violate a petitioner's constitutional right to due process?

Question Presented (AI Summary)

Does a Circuit Court's denial of an application for a Certificate of Appealability based on the merits of the appeal, rather than on whether reasonable jurists could disagree on a petitioner's constitutional claims, violate a petitioner's constitutional right to due process?

Docket Entries

2022-10-31
Petition DENIED.
2022-10-05
DISTRIBUTED for Conference of 10/28/2022.
2022-10-03
Waiver of right of respondent Nicholas Mauer, Summit County Adult Probation Officer, et al. to respond filed.
2022-09-26
Petition for a writ of certiorari filed. (Response due October 31, 2022)

Attorneys

Frank Oswald
Ian N. FriedmanFriedman and Associates LLC, Petitioner
Nicholas Mauer, Summit County Adult Probation Officer, et al.
Benjamin Michael FlowersOhio Attorney General Dave Yost, Respondent