No. 22-5542

Johnny A. Johnson v. Paul Blair, Warden

Lower Court: Eighth Circuit
Docketed: 2022-09-12
Status: Denied
Type: IFP
IFP
Tags: capital-cases certificate-of-appealability cumulative-effect habeas-corpus ineffective-assistance ineffective-assistance-of-counsel sixth-amendment strickland-standard Strickland-v-Washington wiggins-claim Wiggins-v-Smith
Latest Conference: 2022-11-10
Question Presented (from Petition)

1. Whether the Eighth Circuit's practice of issuing unexplained summary denials of certificates of appealability in capital cases conflicts with 28 U.S.C. § 2253 and this Court's decisions in Barefoot v. Estelle, 463 U.S. 889 (1983) and Miller-El v. Cockrell, 537 U.S. 322 (2008).

2. Whether 28 U.S.C. § 2253 and this Court's decision in Barefoot and its progeny require a certificate of appealability to issue when one circuit judge of a court of appeals' administrative panel tasked with this decision, in dissent, finds that a certificate of appealability should issue.

3. Whether a reviewing court, in assessing trial counsel's overall performance and prejudice under Strickland v. Washington, 466 U.S. 668 (1984), should consider the cumulative effect of multiple errors of counsel in determining whether a Sixth Amendment violation occurred.

4. Whether a state court decision that truncated a Sixth Amendment claim of ineffectiveness of counsel in the penalty phase under Wiggins into separate components in assessing deficient performance and prejudice is contrary to clearly established federal law under 28 U.S.C. § 2254(d)(1).

Question Presented (AI Summary)

Whether the Eighth Circuit's practice of issuing unexplained summary denials of certificates of appealability in capital cases conflicts with 28-U.S.C-2253, Barefoot-v-Estelle, Miller-El-v-Cockrell

Docket Entries

2022-11-14
Petition DENIED
2022-11-14
Petition DENIED.
2022-10-27
Reply of petitioner Johnny Johnson filed. (Distributed)
2022-10-26
DISTRIBUTED for Conference of 11/10/2022.
2022-10-12
Brief of respondent Paul Blair, Warden in opposition filed.
2022-09-06
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 12, 2022)
2022-06-13
Application (21A797) granted by Justice Kavanaugh extending the time to file until September 5, 2022.
2022-05-27
Application (21A797) to extend the time to file a petition for a writ of certiorari from July 7, 2022 to September 5, 2022, submitted to Justice Kavanaugh.

Attorneys

Johnny Johnson
Kent E. GipsonLaw Office of Kent Gipson, LLC, Petitioner
Paul Blair
Gregory Michael GoodwinMissouri Attorney General's Office, Respondent