Shoop v. Cunningham
Petition for certiorari denied on November 14, 2022. Justice Thomas, with whom Justices Alito and Gorsuch joined, dissented from the denial of certiorari.
Issue: (1) Whether the U.S. Court of Appeals for the 6th Circuit erred by granting habeas relief based on an alleged misapplication of its own circuit precedent under the Antiterrorism and Effective Death Penalty Act, which generally prohibits courts from awarding habeas relief to state prisoners but lifts that prohibition with respect to prisoners in custody because of a state-court ruling that was "contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States"; and (2) whether, when the requirements for a federal evidentiary hearing are otherwise satisfied but Federal Rule of Evidence 606(b)(1) forbids considering the only evidence supporting an evidentiary hearing, a court must hold the hearing regardless.
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Date | Proceedings and Orders |
---|---|
06/16/2022 | Petition for a writ of certiorari filed. (Response due July 25, 2022) |
07/05/2022 | Motion to extend the time to file a response from July 18, 2022 to August 17, 2022, submitted to The Clerk. |
07/06/2022 | Motion to extend the time to file a response is granted and the time is extended to and including August 17, 2022. |
07/25/2022 | Brief amici curiae of Kentucky, et al. filed. |
08/17/2022 | Motion for leave to proceed in forma pauperis filed by respondent Jeronique D. Cunningham. |
08/17/2022 | Brief of respondent Jeronique D. Cunningham in opposition filed. |
08/23/2022 | Reply of petitioner Tim Shoop, Warden filed. |
08/31/2022 | DISTRIBUTED for Conference of 9/28/2022. |
08/31/2022 | Letter of respondent Jeronique D. Cunningham received. (Distributed) |
08/31/2022 | Letter of petitioner Tim Shoop received. (Distributed) |
10/03/2022 | DISTRIBUTED for Conference of 10/7/2022. |
10/11/2022 | DISTRIBUTED for Conference of 10/14/2022. |
10/24/2022 | DISTRIBUTED for Conference of 10/28/2022. |
10/31/2022 | DISTRIBUTED for Conference of 11/4/2022. |
11/07/2022 | DISTRIBUTED for Conference of 11/10/2022. |
11/14/2022 | Motion for leave to proceed in forma pauperis filed by respondent GRANTED. |
11/14/2022 | Petition DENIED. Justice Thomas, with whom Justice Alito and Justice Gorsuch join, dissenting from denial of certiorari. (Detached Opinion) |