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Darius Theriot v. Bob Vashaw, Warden

IFP petition · United States Court of Appeals for the Sixth Circuit, No. 20-1029 · judgment December 16, 2020


Certiorari denied · November 15, 2021

Question presented

Whether a state court’s ruling that an unpreserved claim of federal constitutional error does not meet the requirements of the “plain error” standard is subject to case-by-case review in a federal habeas corpus proceeding to determine if the ruling rested primarily on, or was interwoven with, the merits of the claim.

Counsel of record

For petitioner
Christopher J. McGrath
Federal Community Defender for the Eastern District of Michigan

For respondent
Fadwa A. Hammoud
Michigan Department of Attorney General

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Nov 15 2021
    Petition DENIED.
  2. Oct 28 2021
    DISTRIBUTED for Conference of 11/12/2021.
  3. Oct 27 2021
    Reply of petitioner Darius Theriot filed. (Distributed)
  4. Oct 13 2021
    Brief of respondent Vashaw, Bob in opposition filed.
  5. Aug 26 2021
    Motion to extend the time to file a response is granted and the time is extended to and including October 13, 2021.
  6. Aug 25 2021
    Motion to extend the time to file a response from September 13, 2021 to October 13, 2021, submitted to The Clerk.
  7. Aug 12 2021
    Response Requested. (Due September 13, 2021)
  8. Jul 01 2021
    DISTRIBUTED for Conference of 9/27/2021.
  9. May 14 2021
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 17, 2021)