Supreme Court of the United States · Official docket →
Sherman Campbell, Warden v. Stephen J. Kares
Paid petition · United States Court of Appeals for the Sixth Circuit, No. 21-2845 · judgment August 8, 2023
Before the decision, about 2.4× the 4.1% base rate. The model weighted this up for a state or local-government petitioner, a circuit split argued in the petition, and counsel who has filed here before.
Questions presented
Congress has imposed a one-year statute of limitations for state prisoners to seek habeas review of their conviction or sentence. 28 U.S.C. § 2244(d). The limitations period is statutorily tolled during the pendency of a “properly filed application for State postconviction or other collateral review with respect to the pertinent judgment or claim” under § 2244(d)(2). A petitioner must meet two requirements for statutory tolling. First, the application must call for “judicial reexamination” of the judgment or claim, Wall v. Kholi, 562 U.S. 545, 553 (2011), as distinct from intermediate requests such as motions for discovery, which do not toll the limitations period, id. at 556 n.4. Second, the conforming application must be “properly filed” under state law. Artuz v. Bennett, 531 U.S. 4, 8 (2000). The questions presented are:
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Does Michigan’s statute allowing a prisoner to request DNA testing call for a “judicial reexamination” of the defendant’s conviction under § 2244(d)(2) to statutorily toll the habeas limitations period, as in the Fifth and Sixth Circuits, or it is more akin to a discovery request, in line with decisions from the Second, Seventh, Ninth, Tenth, and Eleventh Circuits and the Michigan appellate courts?
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Did Petitioner Stephen Kares “properly file” his DNA motion under state law, where he did not even attempt to satisfy the minimal pleading requirements set forth in Michigan’s post-conviction DNA testing statute?
Counsel of record
For petitioner
Ann Maurine Sherman
Michigan Department of Attorney General
For respondent
Easha Anand
Roderick & Solange MacArthur Justice Center
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 7, 2024 · Certiorari denied
Proceedings
- Oct 07 2024Petition DENIED.
- Jul 17 2024DISTRIBUTED for Conference of 9/30/2024.
- Jul 10 2024Reply of petitioner Sherman Campbell filed.
- Jun 28 2024Brief of respondent Stephen J. Kares in opposition filed.
- May 21 2024Motion to extend the time to file a response is granted and the time is further extended to and including June 28, 2024.
- May 20 2024Motion to extend the time to file a response from May 29, 2024 to June 28, 2024, submitted to The Clerk.
- Apr 22 2024Motion to extend the time to file a response is granted and the time is further extended to and including May 29, 2024.
- Apr 19 2024Motion to extend the time to file a response from April 29, 2024 to May 29, 2024, submitted to The Clerk.
- Mar 18 2024Motion to extend the time to file a response is granted and the time is extended to and including April 29, 2024.
- Mar 15 2024Motion to extend the time to file a response from March 29, 2024 to April 29, 2024, submitted to The Clerk.
- Feb 26 2024Petition for a writ of certiorari filed. (Response due March 29, 2024)