Question Presented (from Petition)
When a state court refuses to conduct an evidentiary hearing, at which a petitioner would have an opportunity to test and rebut testimonial and other evidence relied upon by the State to defeat his colorable claims, will its factual findings be entitled to deference under 28 U.S.C. § 2254(d)(2)?
2. In bringing a challenge under 28 U.S.C. § 2254(d)(2), is a petitioner required to first satisfy 28 U.S.C. § 2254(e)(1)'s requirement to rebut the presumption of correctness of a state court's factual findings by clear and convincing evidence?
Question Presented (AI Summary)
When a state court refuses to conduct an evidentiary hearing, will its factual findings be entitled to deference under 28 U.S.C. § 2254(d)(2), and must a petitioner first satisfy 28 U.S.C. § 2254(e)(1)'s requirement to rebut the presumption of correctness by clear and convincing evidence?
2025-06-11
DISTRIBUTED for Conference of 6/26/2025.
2025-06-03
Reply of Michael Wayne Reynolds submitted.
2025-06-03
Reply of petitioner Michael Wayne Reynolds filed.
2025-05-22
Brief of John Q. Hamm, Commissioner, Alabama Dept. of Corrections in opposition submitted.
2025-05-22
Brief of respondent John Q. Hamm, Commissioner, Alabama Dept. of Corrections in opposition filed.
2025-05-22
Brief of respondent John Q. Hamm, Commissioner, Alabama Department of Corrections in opposition filed.
2025-05-08
Brief amici curiae of Former Federal Judges filed.
2025-04-30
Motion to extend the time to file a response is granted and the time is extended to and including May 22, 2025.
2025-04-29
Motion of John Q. Hamm, Commissioner, Alabama Dept. of Corrections for an extension of time submitted.
2025-04-29
Motion to extend the time to file a response from May 8, 2025 to May 22, 2025, submitted to The Clerk.
2025-04-03
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 8, 2025)
2025-02-19
Application (24A803) granted by Justice Thomas extending the time to file until April 3, 2025.
2025-02-14
Application (24A803) to extend the time to file a petition for a writ of certiorari from March 4, 2025 to May 3, 2025, submitted to Justice Thomas.