No. 22-6463

Sherman Johnson, Jr. v. United States

Lower Court: Eighth Circuit
Docketed: 2023-01-05
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appellate-jurisdiction brady-violation certificate-of-appealability district-court-jurisdiction due-process eighth-circuit-court exculpatory-evidence habeas-corpus ineffective-assistance-of-counsel title-28-usc-2253 title-28-usc-2255
Latest Conference: 2023-02-17
Question Presented (from Petition)

Did the Eight Circuit Court of Appeals have jurisdiction to deny or address the claims raised on Johnson's Title 28 U.S.C. § 2253 in his request for a Certificate of Appealability when the District Court did not address and/or deny the claims in the original title 28 U.S.C. § 2255.

II. Should a writ of certiorari be granted to determine if Strickland v. Washington, 466 U.S. 668, 104 S. Ct. 2052 (1984) if the Eight Circuit erred in not granting a Certificate of Appealability, even though the record was inconclusive on the allegations.

III. Should a writ of certiorari be granted to determine if a Brady v. Maryland, 373 U.S. 83 (1963) violation occurs when the government withholds a substantial number of exculpatory items that were crucial for the defense

Question Presented (AI Summary)

Jurisdiction-to-address-non-adjudicated-claims

Docket Entries

2023-02-21
Petition DENIED.
2023-01-19
DISTRIBUTED for Conference of 2/17/2023.
2023-01-11
Waiver of right of respondent United States to respond filed.
2022-12-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 6, 2023)

Attorneys

Sherman Johnson
Sherman Johnson Jr. — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent