No. 23-7467

Joseph Thomas Saari v. Kris Rish, Warden

Lower Court: Eighth Circuit
Docketed: 2024-05-14
Status: Denied
Type: IFP
Response WaivedIFP
Tags: aedpa certificate-of-appealability constitutional-error first-amendment mootness retroactivity right-to-jury-trial sixth-amendment
Latest Conference: 2024-09-30
Question Presented (from Petition)

Did the panel of the Eighth Circuit err by deciding the merit of an appeal not properly before the court to justify the denial of a certificate of appealability?

2) Is the relationship clear between the Overbreadth doctrine and the scrutiny analysis in First Amendment challenges?

3) Does a State court's determination that a preserved claim of constitutional error is MOOT qualify as an adjudication on the merits under the AEDPA?

4) Has the Supreme Court overturned Callan v. Wilson 197 n q nr°: ?47f 8i.s-ct 1301 - 32 L-Ed 22TTTm) . whfch h;id12;h";s: denial of the jury trial right rendered a conviction "void" and without jurisdiction"?.

5) Did Counterman v. Colorado. 600 U.S. 66(2023j suhstantive rule that has retroactive effect in collateral review?announce a new - cases on

Question Presented (AI Summary)

Question not identified

Docket Entries

2024-10-07
Petition DENIED.
2024-06-20
DISTRIBUTED for Conference of 9/30/2024.
2024-06-05
Waiver of right of respondent Kris Rish, Warden to respond filed.
2024-05-02
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 13, 2024)

Attorneys

Joseph Thomas Saari
Joseph Thomas Saari — Petitioner
Kris Rish, Warden
Victora WantaSt. Louis County Attorney's Office, Respondent