Supreme Court of the United States · Official docket →
Aurelias Marshall v. Adam Douglas, Warden
IFP petition · United States Court of Appeals for the Sixth Circuit, No. 23-2057 · judgment March 4, 2025
Question presented
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Petitioner properly presented thirteen claims of constitutional violations and sub-issues to each state court including the Michigan Supreme Court, the Federal District Court erroneously concluded that eleven of the thirteen claims were procedurally defaulted because of unexhaustion for the failure to present claims to the Michigan Supreme Court. (la) Did the Federal Court of Appeals review the district court's procedural default ruling de novo as required by U.S.C. § 2254, or Cvijetinovic v. Eberlin, 617 F.3d 833, 836 (6th Cir. 2010), Douglas v. Alabama, 380 U.S. 415, 422, 85 S.Ct. 1074, 13 L.Ed 2d 934 (1965) and was the state procedural rule adequate to stop habeas review? (lb) "A state rule must be clear, consistently applied and well established at the time of petitioner’s purported default.'* Ford v. Georgia, 498 U.S. 411, 423, 111 S.Ct. 850, 112 L.Ed 2d 935 (1991). Can this Honorable Supreme Court review the district court’s ruling?
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Ihe federal district, court refused, to review the claim of actual innocence, stating that the claim was not cognizable because it was a freestanding claim that did not claim any other independant constitutional violation, are claims of 'newly discovered evidence and ineffective assistance of counsel’ claims independant claims? • (2a) Was the citing of Schulp v. Delo, 513 U.S. 298, 115 S.Ct. 851, 130 L.Ed. 2d 808 (1995) insufficient to claim an indepedant constitutional violation?
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Could the claims of ineffective assistance of counsel, and newly discovered evidence, and actual innocence claims have served to excuse -vii-
Counsel of record
For petitioner
Aurelias Marshall
For respondent
Ann Maurine Sherman
Michigan Department of Attorney General
Case
Conference history
Distributed for 2 conferences
Proceedings
- Jan 12 2026Rehearing DENIED.
- Dec 16 2025DISTRIBUTED for Conference of 1/9/2026.
- Oct 28 2025Petition for Rehearing filed.
- Oct 06 2025Petition DENIED.
- Aug 28 2025DISTRIBUTED for Conference of 9/29/2025.
- Aug 26 2025Waiver of right of respondent Adam Douglas, Warden to respond filed.
- Jul 11 2025Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 17, 2025)