No. 24-5155

Bradley W. Berry v. Donnie Bordelon, Warden

Lower Court: Fifth Circuit
Docketed: 2024-07-26
Status: Denied
Type: IFP
IFP
Tags: certificate-of-appealability civil-procedure constitutional-amendment federal-case-law federal-court-of-appeals griffith-v-kentucky judicial-review retroactivity state-constitution
Latest Conference: 2024-09-30
Question Presented (from Petition)

1. Whether the decision by the federal court of appeals is correct as applied to the Petitioner regarding a certificate of appealability.

2. Does the ruling in Griffith v. Kentucky. 107 S. Ct. 708 concerning new constitutional rules applying retroactively to all cases, state or federal, pending on direct review or not yet final apply to a state constitution when it is amended to proclaim a "new rule."

3. Should a state be allowed to word their constitutional amendment(s) in such a way as to by-pass/arinul previously established federal case law rulings such as Griffith v. Kentucky. 107 S. Ct. 708?

Question Presented (AI Summary)

Whether the decision by the federal court of appeals is correct as applied to the Petitioner regarding a certificate of appealability

Docket Entries

2024-10-07
Petition DENIED.
2024-09-05
DISTRIBUTED for Conference of 9/30/2024.
2023-12-26
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 26, 2024)
2023-08-25
Application (23A172) granted by Justice Alito extending the time to file until December 26, 2023.
2023-08-14
Application (23A172) to extend the time to file a petition for a writ of certiorari from October 25, 2023 to December 24, 2023, submitted to Justice Alito.

Attorneys

Bradley W. Berry
Bradley Wayne Berry — Petitioner