Pye v. Emmons
Petition for certiorari denied on October 30, 2023
Issues: (1) Whether the U.S. Court of Appeals for the 11th Circuit’s novel construction of 28 U.S.C. § 2254(d) — under which a state prisoner is ineligible for federal habeas relief even when the state court has “unreasonabl[y]” rejected his claim so long as the federal court can provide some reasonable “justification” for the state court’s “reason” for denying relief — is inconsistent with the statutory text and in direct conflict with this court’s decision in Wilson v. Sellers; and (2) whether 28 U.S.C. § 2254(e)(1) applies when a state prisoner seeks federal habeas relief solely on the state-court evidentiary record.
| Date | Proceedings and Orders (key to color coding) |
|---|
| May 11 2023 | Application (22A992) to extend the time to file a petition for a writ of certiorari from June 7, 2023 to August 6, 2023, submitted to Justice Thomas. |
| May 15 2023 | Application (22A992) granted by Justice Thomas extending the time to file until July 7, 2023. |
| Jul 07 2023 | Petition for a writ of certiorari filed. (Response due August 10, 2023) |
| Aug 02 2023 | Motion to extend the time to file a response from August 10, 2023 to September 25, 2023, submitted to The Clerk. |
| Aug 04 2023 | Motion to extend the time to file a response is granted and the time is extended to and including September 25, 2023 |
| Sep 25 2023 | Brief of respondent Shawn Emmons, Warden, Georgia Diagnostic and Classification Prison in opposition filed. |
| Oct 11 2023 | DISTRIBUTED for Conference of 10/27/2023. |
| Oct 11 2023 | Reply of petitioner Willie James Pye filed. (Distributed) |
| Oct 30 2023 | Petition DENIED. |
