No. 24-686

Dustin Young v. John R. Swaney, Sheriff, Madison County, Ohio, et al.

Lower Court: Sixth Circuit
Docketed: 2024-12-27
Status: Denied
Type: Paid
Response Waived Experienced Counsel
Tags: certificate-of-appealability circuit-precedent constitutional-rights federal-appeals habeas-corpus statutory-interpretation
Latest Conference: 2025-03-28
Question Presented (from Petition)

Whether a certificate of appealability may be granted under 28 U.S.C. § 2253(c) when the issue that the petitioner wishes to present on appeal has been resolved against him by binding circuit precedent but in his favor by another federal court of appeals.

Question Presented (AI Summary)

Whether a certificate of appealability may be granted under 28 U.S.C. § 2253(c) when the issue that the petitioner wishes to present on appeal has been resolved against him by binding circuit precedent but in his favor by another federal court of appeals

Docket Entries

2025-03-31
Petition DENIED.
2025-03-12
DISTRIBUTED for Conference of 3/28/2025.
2025-03-10
2025-03-10
2025-02-26
Brief of Butler County Common Pleas Court in opposition submitted.
2025-02-26
Brief of respondent Butler County Common Pleas Court in opposition filed.
2025-02-26
Brief of respondent Butler County Court of Common Pleas in opposition filed.
2025-01-23
Motion to extend the time to file a response is granted and the time is extended to and including February 26, 2025.
2025-01-22
Motion of Butler County Common Pleas Court for an extension of time submitted.
2025-01-22
Motion to extend the time to file a response from January 27, 2025 to February 26, 2025, submitted to The Clerk.
2025-01-22
Waiver of right of respondent John R. Swaney, Sheriff, Madison County, Ohio to respond filed.
2025-01-10
Rule 12.6 Letter of Interest of Butler County Common Pleas Court submitted.
2024-12-23

Attorneys

Butler County Common Pleas Court
Michael Thomas GmoserButler County Prosecuting Attorney, Respondent
Dustin Young
Michael B. KimberlyMcDermott Will & Emery LLP, Petitioner
John R. Swaney, Sheriff, Madison County, Ohio
Michael S. KlamoMadison County Prosecutor's Office, Respondent