Question Presented (from Petition)
1. Whether an ineffective assistance claim may be based on counsel's
failure to exercise a state-law right to introduce residual doubt evidence at a capital
sentencing?
2. Whether counsel provides ineffective assistance at capital sentencing if
they fail to establish the defendant's lesser moral culpability by demonstrating that
he did not kill a victim, even if the lesser culpability proof fails to negate all
aggravating (eligibility) factors?
3. Whether it constitutes deficient performance under Strickland v.
Washington, 466 U.S. 668, 688 (1984), if trial counsel postpones their preparations
for sentencing until a brief post-guilt phase recess? And if deficient, can counsel's
performance be excused, if omitted mitigation evidence fails to explain why the
defendant committed the offense?
Question Presented (AI Summary)
Whether an ineffective assistance claim may be based on counsel's failure to exercise a state-law right to introduce residual doubt evidence at a capital sentencing?
2023-05-30
DISTRIBUTED for Conference of 6/15/2023.
2023-05-18
Petition for Rehearing filed.
2023-04-24
Petition DENIED. Justice Sotomayor, with whom Justice Kagan and Justice Jackson join, dissenting from the denial of certiorari. (Detached
Opinion)
2023-04-17
DISTRIBUTED for Conference of 4/21/2023.
2023-04-10
DISTRIBUTED for Conference of 4/14/2023.
2023-03-27
DISTRIBUTED for Conference of 3/31/2023.
2023-03-20
DISTRIBUTED for Conference of 3/24/2023.
2023-02-23
DISTRIBUTED for Conference of 3/17/2023.
2023-02-22
The record from the U.S.D.C.-Western District of Tennessee is available on PACER. Docket Entry 35 was transmitted electronically.
2022-12-14
All records from the U.S.C.A.-6th Circuit are available on PACER.
2022-12-08
Reply of petitioner Kevin B. Burns filed. (Distributed)
2022-12-08
DISTRIBUTED for Conference of 1/6/2023.
2022-11-23
Brief of respondent Tony Mays, Warden in opposition filed.
2022-11-23
Brief amicus curiae of Lay and Ordained Ministers filed.
2022-10-20
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 23, 2022)
2022-08-15
Application (22A117) granted by Justice Kavanaugh extending the time to file until October 21, 2022.
2022-08-08
Application (22A117) to extend the time to file a petition for a writ of certiorari from August 22, 2022 to October 21, 2022, submitted to Justice Kavanaugh.