No. 22-457

Peter Whyte v. Dan Winkleski, Warden

Lower Court: Seventh Circuit
Docketed: 2022-11-15
Status: Denied
Type: Paid
Response Waived
Tags: constitutional-claim federal-constitution federal-law habeas-corpus material-facts plain-statement state-pleading-standard state-procedural-rule
Latest Conference: 2023-01-06
Question Presented (from Petition)

1. Whether a state court's dis missal of a habeas petitioner's claim under the U.S. Con stitution for failure to plead sufficient "material facts" under a state pleading standard is a decision inter woven with federal law.

2. Whether a state court satisfies the "plain statement" requirement of Harris v. Reed by invoking a state procedural rule without applying it, after adjudicating a hab eas petitioner's claim on the merits.

Question Presented (AI Summary)

Whether a state court's dismissal of a habeas petitioner's claim under the U.S. Constitution for failure to plead sufficient 'material facts' under a state pleading standard is a decision interwoven with federal law

Docket Entries

2023-01-09
Petition DENIED.
2022-11-30
DISTRIBUTED for Conference of 1/6/2023.
2022-11-23
Waiver of right of respondent Dan Winkleski to respond filed.
2022-11-09
Petition for a writ of certiorari filed. (Response due December 15, 2022)

Attorneys

Dan Winkleski
John Arthur BlimlingWisconsin Department of Justice, Respondent
Peter Whyte
Monica MarkReinhart Boerner Van Deuren s.c., Petitioner