No. 22-6001
Medgar Samuel v. Ricky D. Dixon, Secretary, Florida Department of Corrections
Tags: antiterrorism-act antiterrorism-and-effective-death-penalty-act circuit-split district-court federal-courts federal-statute habeas-corpus procedural-default state-courts
Latest Conference:
2023-04-28
(distributed 2 times)
Question Presented (from Petition)
Whether, after enactment of 28 U.S.C. § 2254(b)(3) as part of the
Antiterrorism and Effective Death Penalty Act of 1996, a State can forfeit the
affirmative defense of procedural default by failing to assert it in the district court.
Question Presented (AI Summary)
Whether a State can forfeit the affirmative defense of procedural default
Docket Entries
2023-05-01
Petition DENIED.
2023-04-13
DISTRIBUTED for Conference of 4/28/2023.
2023-04-10
Reply of petitioner Medgar Samuel filed.
2023-03-27
Brief of respondent Secretary, Florida Department of Corrections in opposition filed.
2023-02-22
Motion to extend the time to file a response is granted and the time is further extended to and including March 27, 2023.
2023-02-21
Motion to extend the time to file a response from February 24, 2023 to March 27, 2023, submitted to The Clerk.
2023-01-20
Motion to extend the time to file a response is granted and the time is further extended to and including February 24, 2023.
2023-01-19
Motion to extend the time to file a response from January 27, 2023 to February 24, 2023, submitted to The Clerk.
2022-12-19
Motion to extend the time to file a response from December 29, 2022 to January 27, 2023, submitted to The Clerk.
2022-12-19
Motion to extend the time to file a response is granted and the time is extended to and including January 27, 2023.
2022-11-29
Response Requested. (Due December 29, 2022)
2022-11-23
DISTRIBUTED for Conference of 12/9/2022.
2022-11-16
Waiver of right of respondent Ricky D. Dixon, Secretary, Florida Department of Corrections to respond filed.
2022-11-02
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 7, 2022)
Attorneys
Medgar Samuel
Janice L. Bergmann — Federal Public Defender's Office, Petitioner
Ricky D. Dixon, Secretary, Florida Department of Corrections
Henry Charles Whitaker — Florida Office of the Attorney General, Respondent