No. 22-6185

Brent William Bogseth v. James R. Schiebner, Warden

Lower Court: Sixth Circuit
Docketed: 2022-12-01
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 6th-amendment appellate-jurisdiction civil-rights constitutional-review criminal-procedure due-process evidentiary-hearing habeas-corpus jury-verdict sixth-circuit unreasonable-evidence
Latest Conference: 2023-01-06
Question Presented (from Petition)

Was the District Court's order for petitioner's B2254 petition final in that it actually adjudicated petitioner's (capital) jury Claim, vi Amendment Violation? Did the United States Court of Appeals for the Sixth Circuit have jurisdiction in conformity of appellate jurisdiction to clear relief in this Case, under 2 use § 1291; Collings v. Miller, 252 v.s. 364 (1920)?

Was Petitioner entitled to a Kener hearing? Has the lower Court abused its discretion by not conducting a hearing in this Case? Can there be a merits decision on an impartial Sey Claim without a Faratee hearing, would Petitioner be entitled to a hearing?

If as the law is now, if a jury Cand consider evidence, not admitted at a trial to frac guilt Can a Reviewing Court consider that evidence to affirm a petitioner's Conviction? labutel Finding of fact based on thet evidence be reasonable or Unreasonable B2z5y CAVG>? An He lower Court's Findings based on evidence in Violation of the Turner rule reasonable in petitioner's Case?

Question Presented (AI Summary)

Was the District Court's order denying petitioner's §2254 petition legal?

Docket Entries

2023-01-09
Petition DENIED.
2022-12-22
DISTRIBUTED for Conference of 1/6/2023.
2022-12-19
Waiver of right of respondent James R. Schiebner, Warden to respond filed.
2022-11-22
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 3, 2023)

Attorneys

Brent William Bogseth
Brent William Bogseth — Petitioner
James R. Schiebner, Warden
Fadwa A. HammoudMichigan Department of Attorney General, Respondent