No. 22-490

Lydell Chestnut, Deputy Warden v. Quincy J. Allen

Lower Court: Fourth Circuit
Docketed: 2022-11-23
Status: Denied
Type: Paid
Amici (1)Relisted (3) Experienced Counsel
Tags: aedpa death-penalty death-sentence eating-disorder federal-habeas fourth-circuit-review mental-health mental-health-evidence schizophrenia sentencing-consideration state-post-conviction statutory-limitations
Key Terms:
HabeasCorpus Punishment JusticiabilityDoctri
Latest Conference: 2023-05-18 (distributed 3 times)
Question Presented (from Petition)

Did the Fourth Circuit violate 28 U.S.C. § 2254(d) limitations and needlessly overturn a state death sentence on an insubstantial premise that Allen's mental health evidence was not afforded "meaningful consideration and effect" when the judge stated at sentencing that he had considered all the mental health evidence but did not explicitly reference Allen's eating disorder?

Question Presented (AI Summary)

Did the Fourth Circuit violate 28 U.S.C. § 2254(d) limitations and needlessly overturn a state death sentence on an insubstantial premise that Allen's mental health evidence was not afforded 'meaningful consideration and effect'

Docket Entries

2023-05-22
Petition DENIED.
2023-05-22
Motion for leave to proceed in forma pauperis filed by respondent GRANTED.
2023-05-15
DISTRIBUTED for Conference of 5/18/2023.
2023-04-19
DISTRIBUTED for Conference of 5/11/2023.
2023-04-18
Electronic record received from the U.S.D.C.-South Carolina.
2023-04-18
The record for the U.S.C.A.-4th Circuit is available on PACER.
2023-04-17
Record Requested.
2023-04-13
2023-04-12
DISTRIBUTED for Conference of 4/28/2023.
2023-03-24
Motion for leave to proceed in forma pauperis filed by respondent Quincy Allen.
2023-03-24
Brief of respondent Quincy Allen in opposition filed.
2023-02-24
Motion to extend the time to file a response is granted and the time is further extended to and including March 24, 2023.
2023-02-22
Motion to extend the time to file a response from February 22, 2023 to March 24, 2023, submitted to The Clerk.
2023-01-19
Motion to extend the time to file a response is granted and the time is further extended to and including February 22, 2023.
2023-01-18
Motion to extend the time to file a response from January 23, 2023 to February 22, 2023, submitted to The Clerk.
2022-12-22
Motion to extend the time to file a response is granted and the time is extended to and including January 23, 2023.
2022-12-21
2022-12-21
Motion to extend the time to file a response from December 23, 2022 to January 23, 2023, submitted to The Clerk.
2022-11-21
Petition for a writ of certiorari filed. (Response due December 23, 2022)

Attorneys

Criminal Justice Legal Foundation
Kent S. ScheideggerCriminal Justice Legal Fdtn., Amicus
Lydell Chestnut
Melody Jane BrownSouth Carolina Attorney General's Office, Petitioner
Quincy Allen
Aren AdjoianFederal Community Defender Office, E.D. Pa., Respondent