No. 23-6292

Ray O. Crowell, Jr. v. Mark R. Sevier, Warden

Lower Court: Seventh Circuit
Docketed: 2023-12-18
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: circuit-court civil-rights clearly-established-law counsel-claim due-process federal-habeas ineffective-assistance post-conviction standard-of-review strickland strickland-standard
Key Terms:
HabeasCorpus Immigration
Latest Conference: 2024-03-28 (distributed 2 times)
Question Presented (from Petition)

Whether the State court's resolution of Crowell's ineffective assistance of counsel claim for bail at a capital offense preliminary hearing under 42 U.S.C. §2254-5 and Strickland v. Washington was contrary to clearly established law.

Whether the 7th Circuit erred in holding that the State court's decision on any deference under 42 U.S.C. §2254(d)(1) was contrary to clearly established law.

Whether the Federal Court's expansion of the State court's decision on any deference on the merits of Crowell's claim that trial counsel failed to discover or investigate trial counsel's failure to present a statutory affirmative defense under 42 U.S.C. §2254(d)(1) and Strickland v. Washington was contrary to clearly established law.

Whether the 7th Circuit has erroneously expanded the Court's precedent regarding capital conviction proceedings.

Question Presented (AI Summary)

Whether the state courts resolution of Crowell's ineffective assistance of counsel claim for failing to advise of an affirmative defense was contrary to and/or involved an unreasonable application of clearly established law under Strickland

Docket Entries

2024-04-01
Rehearing DENIED.
2024-03-12
DISTRIBUTED for Conference of 3/28/2024.
2024-02-15
Petition for Rehearing filed.
2024-01-22
Petition DENIED.
2024-01-04
DISTRIBUTED for Conference of 1/19/2024.
2024-01-03
Waiver of right of respondent Mark R. Sevier, Warden to respond filed.
2023-12-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 17, 2024)

Attorneys

Ray O. Crowell
Ray O. Crowell Jr. — Petitioner
Sevier, Warden
James Allen BartaOffice of the Indiana Attorney General, Respondent