No. 24A241

John Dwayne Garvin v. Levern Cohen, Warden

Lower Court: Fourth Circuit
Docketed: 2024-09-06
Status: Denied
Type: A
Tags: certificate-of-appealability constitutional-challenge declaratory-judgment due-process grand-jury habeas-corpus
Latest Conference: 2025-01-10
Question Presented (from Petition)

Does a South Carolina Supreme Court's Decision Declining to Entertain a Complaint for a Declaratory Judgment to Determine the Legality and Constitutionality of a County Grand Jury Proceedings, Has Allowed a Case of Actual Controversy to Continue to Exist and Cause Ongoing Irreparable Harm.

Does a Federal District Court with Jurisdiction Over a Habeas Corpus Action Under 28 U.S.C. § 2254 May Abstain From Exercising that Court's Jurisdiction in Denying a Motion for Declaratory Judgment Within the Habeas Action, and Then Subsequently Deny a Certificate of Appealability of that Decision is an Abuse of Discretion by the District Court.

Question Presented (AI Summary)

Whether a state court's refusal to entertain a declaratory judgment challenging grand jury proceedings violates a petitioner's due process rights when no substantive evidence supports the underlying indictments

Docket Entries

2025-01-13
Application (24A241) denied by the Court.
2024-12-11
DISTRIBUTED for Conference of 1/10/2025.
2024-12-11
Application (24A241) referred to the Court.
2024-11-25
Application (24A241) refiled and submitted to Justice Jackson.
2024-09-09
Application (24A241) denied by The Chief Justice.
2024-08-30
Application (24A241) to file petition for a writ of certiorari in excess of page limits, submitted to The Chief Justice.

Attorneys

John Garvin
John Dwayne Garvin — Petitioner