No. 22-7562

Joseph Tetak v. Jay Forshey, Warden

Lower Court: Sixth Circuit
Docketed: 2023-05-16
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appellate-review constitutional-interpretation constitutional-issue deference-standard federal-habeas-corpus habeas-corpus judicial-precedent stare-decisis state-supreme-court subjective-objective-analysis
Latest Conference: 2023-06-15
Question Presented (from Petition)

Does the doctrine of stare decisis prevail on a state supreme
court's determination of a constitutional issue in the same manner
as this Court's determination of Supreme Law?

Does an intermediate state appellate court's decision govern the
deference standard of federal habeas corpus where it conflicts
with the primary judicial policymaker's decision on the same con
stitutional protection?

Is debatable a subjective or objective analysis?

Question Presented (AI Summary)

Does the doctrine of stare decisis prevail on a state supreme court's determination of a constitutional issue in the same manner as this Court's determination of Supreme Law?

Docket Entries

2023-06-20
Petition DENIED.
2023-05-31
DISTRIBUTED for Conference of 6/15/2023.
2023-05-30
Waiver of right of respondent Forshey, Warden to respond filed.
2023-05-01
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 15, 2023)

Attorneys

Forshey, Warden
Benjamin Michael FlowersOhio Attorney General Dave Yost, Respondent
Joseph Tetak
Joseph Tetak — Petitioner