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Virgil Delano Presnell v. Benjamin Ford, Warden

IFP petition · United States Court of Appeals for the Eleventh Circuit, No. 17-14322 · judgment September 16, 2020

Certiorari denied · October 4, 2021

Question presented

Does Wilson v. Sellers, 138 S. Ct. 1188 (2018), permit a federal habeas court to assign “implicit” factual findings to a state court’s order when applying 2254(d)’s limitations on relief, or must it rely only upon the specific findings and conclusions offered by the state courts when adjudicating the petitioner’s claims?

Counsel of record

For petitioner
Monet Brewerton-Palmer
Federal Defender Program, Inc.

For respondent
Sabrina D. Graham
Senior Assistant Attorney General

Case

Subject area
Criminal Procedure (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 1 conference

Order
Order list, October 4, 2021 · Certiorari denied

Proceedings

Oct 04 2021
Petition DENIED.
Jun 18 2021
Reply of petitioner Virgil Delano Presnell filed. (Distributed)
Main Document Proof of Service Certificate of Word Count
Jun 17 2021
DISTRIBUTED for Conference of 9/27/2021.
Jun 03 2021
Brief of respondent Benjamin Ford, Warden GDP in opposition filed.
Main Document Proof of Service
Apr 30 2021
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 4, 2021)
Motion for Leave to Proceed in Forma Pauperis Petition Appendix Certificate of Word Count Proof of Service