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Shawn Trevell Rainer v. Wendy Kelley, Director, Arkansas Department of Correction

Paid petition · United States Court of Appeals for the Eighth Circuit, No. 16-1773 · judgment August 1, 2017


Certiorari denied · February 26, 2018
Pre-decision estimate: 0% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

I Should the Arkansas. Supreme Court's ruling that A.R.E. 405 prohibited petitioner from admitting Ms. Douglas prior stabbing incidents violated petitioner Due Process rights to present a full and complete Defense. For the same reasons, petitioner is entitled to relief under A.E.D.P.A. defense and the District Court and 8th Circuit Court of Appeals conclusion was reversible error. United States v. Rodriquez, 799 F.3d 1222 (2015) Chamber v. Mississippi, 410 U.S. 284, 294 (1973) Bound v. Delo, 151 F.3d 1116, 1119 (8th Cir. 1998) Nebinger v. Ault, 208 F.3d 695, 697 (8th Cir. 2000) Stallings v. Benson, 26 F.3d 817, 819 (8th Cir. 1994) II Since the trial judge which was also the Rule 37 hearing judge, ruled that at the end of the states argument trial counsel who was also the counsel on the direct appeal, should have renewed his objection where he could properly weigh both parties argument was failure to raise this Due Process claim either ineffective assistance of trial counsel or counsel on direct appeal. Strickland v. Washington, 466 U.S. 668, 688 (1984) Kenley v. Armontrout, 937 F.2d 1298, 1301 (8th Cir. 1991) Anderson v. Goeke, 44 F.3d 675, 680 (8th Cir. 1998) Riley v. Wyrick, 712 F.2d 382, 385 (8th Cir. 1983)

Counsel of record

For petitioner
Shawn Rainer

For respondent
Vada Berger
AR Attorney General's Office

Case

Conference history
Distributed for 1 conference

Linked docket
17A487

Proceedings

  1. Feb 26 2018
    Petition DENIED.
  2. Feb 07 2018
    DISTRIBUTED for Conference of 2/23/2018.
  3. Jan 31 2018
    Waiver of right of respondent Wendy Kelley to respond filed.
  4. Dec 29 2017
    Petition for a writ of certiorari filed. (Response due February 2, 2018)
  5. Nov 02 2017
    Application (17A487) granted by Justice Gorsuch extending the time to file until December 29, 2017.
  6. Oct 25 2017
    Application (17A487) to extend the time to file a petition for a writ of certiorari from October 30, 2017 to December 29, 2017, submitted to Justice Gorsuch.