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Shawntele Cortez Jackson v. Kathy Litteral
Paid petition · United States Court of Appeals for the Sixth Circuit, No. 17-6449 · judgment August 16, 2019
Before the decision, roughly the 4.1% base rate. The model weighted this up for a dissent in the court below (flagged in the petition), a Sixth Circuit decision below, and counsel who has filed here before.
Questions presented
The Sixth Circuit’s decision in Ruelas v. Wolfenbarger, 580 F.3d 403 (6th Cir. 2009) acknowledged that this court’s seminal decision in Fry v. Pliler, 551 U.S. 112 (2007) did not overule Mitchell v. Esparza, 540 U.S. 12 (2003) (per curiam). In Ruelas, the Sixth Circuit held that a federal habeas court is free to apply the Esparza harmless error standard to determine whether a state court of appeals reasonably applied the Chapman harmless error standard on direct review. In the decision below, infra, App. 3a, the court of Appeals applied this standard. However, the Kentucky Supreme Court did not apply the Chapman harmless error standard on direct review. This case presents the following questions:
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Whether the Sixth Circuit erred in applying the Esparza harmless error standard, instead of the Brecht harmless error standard on federal habeas review, when the state court failed to apply Chapman on direct review.
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Whether a trial court’s erroneous denial of a request for a self-protection instruction as to the lesser included offenses of second-degree manslaughter and reckless homicide may be deemed harmless.
Counsel of record
For petitioner
Robert L. Sirianni Jr.
Brownstone, P.A.
For respondent
Todd Dryden Ferguson
Office of the Attorney General
Case
Conference history
Distributed for 1 conference
Proceedings
- Jan 21 2020Petition DENIED.
- Dec 30 2019DISTRIBUTED for Conference of 1/17/2020.
- Dec 17 2019Waiver of right of respondent Kathy Litteral to respond filed.
- Nov 13 2019Petition for a writ of certiorari filed. (Response due December 19, 2019)