No. 22-5452

Cameron Paul Crockett v. Harold W. Clarke, Director, Virginia Department of Corrections

Lower Court: Fourth Circuit
Docketed: 2022-08-29
Status: Denied
Type: IFP
Response WaivedIFP
Tags: aedpa evidentiary-hearing fact-finding federal-review habeas-corpus ineffective-assistance ineffective-assistance-of-counsel prejudice state-court
Latest Conference: 2022-10-07
Question Presented (from Petition)

Does AEDPA's "unreasonable determination of the facts" clause contemplate that materially inadequate state court fact-finding processes can satisfy § 2254(d)(2), or did the statute silently overrule decades of this Court's precedents requiring that the state's habeas proceedings be full and fair? And as it pertains to the prejudice prong of the petitioner's ineffective assistance of counsel claim, which Crockett based principally on the compelling and unrefuted affidavits of three independent experts, did the Fourth Circuit err when it upheld the state and district courts' denial of habeas relief—decisions themselves premised on the supposed inconclusiveness of those expert affidavits—when no court to date has held even so much as an evidentiary hearing to allow for full factual development of the claim in the first place?

Question Presented (AI Summary)

Does AEDPA's 'unreasonable determination of the facts' clause contemplate that materially inadequate state court fact-finding processes can satisfy § 2254 (d)(2), or did the statute silently overrule decades of this Court's precedents requiring that the state's habeas proceedings be full and fair?

Docket Entries

2022-10-11
Petition DENIED.
2022-09-15
DISTRIBUTED for Conference of 10/7/2022.
2022-09-09
Waiver of right of respondent Harold Clarke to respond filed.
2022-08-22
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 28, 2022)

Attorneys

Cameron Crockett
Cameron Paul Crockett — Petitioner
Harold Clarke
Andrew Nathan FergusonOffice of the Attorney General, Respondent