Wheeler v. White

Petition for certiorari denied on December 14, 2015

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Docket No.
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Issue: (1) Whether the Sixth Circuit’s ruling – that the lack of Supreme Court case law holding that references to a victim’s pregnancy when the pregnancy is not an issue at trial violates due process means no “clearly established” law exists for purposes of 28 U.S.C. §2254(d) – conflicts with this Court’s rulings holding that “clearly established” law does not require a case with an identical fact pattern but instead includes legal principles and standards flowing from precedent and general standards designed to apply to a myriad of factual situations; and (2) whether this Court’s standard that a state evidentiary ruling can be so egregious as to deny a defendant fundamental fairness and thus violate the federal due process clause is broad enough to constitute “clearly established” law that applies when the prosecution introduces irrelevant evidence of a victim’s pregnancy; and, if so, whether the evidence regarding the victim’s pregnancy and the prosecutor’s ensuing argument are “contrary to” or an “unreasonable application of” this “clearly established” law.

DateProceedings and Orders
Jun 18 2015Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 23, 2015)
Jul 20 2015Order extending time to file response to petition to and including September 21, 2015.
Sep 21 2015Brief of respondent Randy White, Warden in opposition filed.
Sep 28 2015Reply of petitioner Roger L. Wheeler filed.
Oct 7 2015DISTRIBUTED for Conference of October 30, 2015.
Nov 2 2015DISTRIBUTED for Conference of November 6, 2015.
Nov 9 2015DISTRIBUTED for Conference of November 13, 2015.
Nov 13 2015Record Requested .
Nov 16 2015DISTRIBUTED for Conference of November 24, 2015.
Nov 17 2015Record received from the U.S.C.A. for the 6th Circuit. The record is electronic and available on PACER.
Nov 30 2015DISTRIBUTED for Conference of December 4, 2015.
Nov 30 2015Record received from the U.S.D.C. for the Western District of Kentucky. The record is electronic and available on PACER.
Dec 7 2015DISTRIBUTED for Conference of December 11, 2015.
Dec 14 2015Petition DENIED.

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