No. 24A211

Richard Stanton Whitman v. David W. Gray, Warden

Lower Court: Sixth Circuit
Docketed: 2024-08-27
Status: Presumed Complete
Type: A
Tags: circuit-split due-process federal-review habeas-corpus procedural-default waiver
Latest Conference: N/A
Question Presented (from Petition)

Whether a state waives a procedural-default defense when, in its answer to a state habeas petition in district court, it raises the defense to some claims in the petition but not to others and instead argues those claims on the merits.

Question Presented (AI Summary)

Whether a state waives its procedural-default defense in federal habeas proceedings by arguing the merits of a claim in district court while raising the defense for other claims

Docket Entries

2024-08-29
Application (24A211) granted by Justice Kavanaugh extending the time to file until November 7, 2024.
2024-08-23
Application (24A211) to extend the time to file a petition for a writ of certiorari from September 8, 2024 to November 7, 2024, submitted to Justice Kavanaugh.

Attorneys

Richard Stanton Whitman
Cody Lawrence ReavesSidley Austin LLP, Petitioner