No. 22-6629

Keith Edmund Gavin v. John Q. Hamm, Commissioner, Alabama Department of Corrections

Lower Court: Eleventh Circuit
Docketed: 2023-01-26
Status: Denied
Type: IFP
IFP
Tags: aedpa aedpa-deference federal-constitutional-claim habeas habeas-corpus ineffective-assistance state-court-decision state-court-review state-law-evidentiary-rule strickland-standard strickland-v-washington
Latest Conference: 2023-04-28
Question Presented (from Petition)

The Antiterrorism and Effective Death Penalty Act of 1996 (""AEDPA")
provides that habeas relief "shall not be granted with respect to any claim that was
adjudicated on the merits" in state court unless, as relevant here, the state-court
decision "was contrary to, or involved an unreasonable application of, clearly
established Federal law." 28 U.S.C. § 2254(d)(1). This petition presents three
questions relating to whether and when AEDPA deference applies to a state-court
decision:

1. Whether federal habeas courts must defer to reasoning that appears nowhere
in a state-court decision.

2. Whether federal habeas courts evaluating a claim for ineffective assistance of
counsel must defer to a state-court decision that applies a demonstrably
incorrect standard of proof for prejudice under Strickland v. Washington, 466
U.S. 668 (1984).

3. Whether federal habeas courts must defer to a state-court's resolution of a
claim that rested exclusively on the application of a state-law evidentiary
rule and did not resolve a habeas petitioner's federal constitutional claim "on
the merits."

Question Presented (AI Summary)

Whether AEDPA deference applies to state-court reasoning not articulated in the decision

Docket Entries

2023-05-01
Petition DENIED.
2023-04-13
DISTRIBUTED for Conference of 4/28/2023.
2023-04-12
2023-03-29
Brief of respondent Alabama in opposition filed.
2023-02-15
Motion to extend the time to file a response is granted and the time is extended to and including March 29, 2023.
2023-02-14
Motion to extend the time to file a response from February 27, 2023 to March 29, 2023, submitted to The Clerk.
2023-01-24
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 27, 2023)
2023-01-13
Application (22A533) denied by Justice Thomas.
2023-01-10
Application (22A533) to extend further the time from January 24, 2023 to February 23, 2023, submitted to Justice Thomas.
2022-12-15
Application (22A533) granted by Justice Thomas extending the time to file until January 24, 2023.
2022-12-13
Application (22A533) to extend the time to file a petition for a writ of certiorari from December 25, 2022 to February 23, 2023, submitted to Justice Thomas.

Attorneys

Keith Edmund Gavin
Steven Joseph HorowitzSidley Austin LLP, Petitioner
State of Alabama
Beth Jackson HughesOffice of the Attorney General, Respondent