Supreme Court of the United States · Official docket →
Tim Shoop, Warden v. Jeronique D. Cunningham
Paid petition · United States Court of Appeals for the Sixth Circuit, No. 11-3005, 20-3429 · judgment January 10, 2022
Before the decision, about 2.8× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a state or local-government petitioner, and a dissent in the court below (flagged in the petition).
Questions presented
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AEDPA generally prohibits courts from awarding habeas relief to state prisoners. It 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.” 28 U.S.C. §2254(d)(1). Did the Sixth Circuit err by granting habeas relief based on an alleged misapplication of its own circuit precedent?
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If 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, must a court hold the hearing regardless?
Counsel of record
For petitioner
Benjamin Michael Flowers
Ohio Attorney General Dave Yost
For respondent
Michael John Benza
Law Office of Michael J. Benza, Inc
Case
Conference history
Distributed for 6 conferences
Amicus briefs
1 cert-stage
Argument & decision
Decided November 14, 2022.
Proceedings
- Nov 14 2022Motion for leave to proceed in forma pauperis filed by respondent GRANTED.
- Nov 14 2022Petition DENIED. Justice Thomas, with whom Justice Alito and Justice Gorsuch join, dissenting from denial of certiorari. (Detached Opinion)
- Nov 07 2022DISTRIBUTED for Conference of 11/10/2022.
- Oct 31 2022DISTRIBUTED for Conference of 11/4/2022.
- Oct 24 2022DISTRIBUTED for Conference of 10/28/2022.
- Oct 11 2022DISTRIBUTED for Conference of 10/14/2022.
- Oct 03 2022DISTRIBUTED for Conference of 10/7/2022.
- Aug 31 2022DISTRIBUTED for Conference of 9/28/2022.
- Aug 31 2022Letter of respondent Jeronique D. Cunningham received. (Distributed)
- Aug 31 2022Letter of petitioner Tim Shoop received. (Distributed)
- Aug 23 2022Reply of petitioner Tim Shoop, Warden filed.
- Aug 17 2022Motion for leave to proceed in forma pauperis filed by respondent Jeronique D. Cunningham.
- Aug 17 2022Brief of respondent Jeronique D. Cunningham in opposition filed.
- Jul 25 2022Brief amici curiae of Kentucky, et al. filed.
- Jul 06 2022Motion to extend the time to file a response is granted and the time is extended to and including August 17, 2022.
- Jul 05 2022Motion to extend the time to file a response from July 18, 2022 to August 17, 2022, submitted to The Clerk.
- Jun 16 2022Petition for a writ of certiorari filed. (Response due July 25, 2022)