No. 24A216

Lance Shockley v. David Vandergriff, Warden

Lower Court: Eighth Circuit
Docketed: 2024-08-28
Status: Presumed Complete
Type: A
Experienced Counsel
Tags: ineffective-assistance juror-bias jury-misconduct right-to-fair-trial sixth-amendment voir-dire
Latest Conference: N/A
Question Presented (from Petition)

1. This case presents an important question dividing the circuits regarding when a certificate of appealability must issue, so that a state prisoner denied habeas relief by a federal district court may appeal. See 28 U.S.C. § 2253. This Court has established that to obtain a COA, a prisoner need only demonstrate that "reasonable jurists could debate whether ... the petition should have been resolved in a different manner or that the issues presented were adequate to deserve encouragement to proceed further." Slack v. McDaniel, 529 U.S. 473, 484 (2000) (quotation marks omitted). In this case, the panel denied Shockley's petition for a COA in a 2-1 decision, in which one of the panel judges would have granted a COA on the ineffective assistance of trial counsel claim raised by Shockley, and the Eighth Circuit denied rehearing en banc over the dissents of two judges.

Question Presented (AI Summary)

Whether a trial court's refusal to inquire into a juror's potential bias, stemming from a published book with violent vigilante themes, constitutes a violation of a criminal defendant's right to an impartial jury

Docket Entries

2024-08-29
Application (24A216) granted by Justice Kavanaugh extending the time to file until November 4, 2024.
2024-08-26
Application (24A216) to extend the time to file a petition for a writ of certiorari from September 5, 2024 to November 4, 2024, submitted to Justice Kavanaugh.

Attorneys

Lance Shockley
Daniel Hirotsu WoofterGoldstein, Russell & Woofter LLC, Petitioner