Cook v. Barton

Petition for certiorari denied on March 21, 2016
Docket No. Op. Below Argument Opinion Vote Author Term
15-580 6th Cir. N/A N/A N/A N/A OT 2015

Issue: (1) Whether, when a state court's decision on a prisoner's constitutional claim contains both reasoning substantively rejecting the claim and reasoning procedurally rejecting the claim, the Antiterrorism and Effective Death Penalty Act section 2254(d)’s standards apply to the claim; and (2) whether, if a lower court in the state proceedings rejects a state prisoner's claim “on the merits,” § 2254(d)’s standards nevertheless fall away whenever a higher court in the state proceedings rejects the claim on procedural grounds without addressing the claim substantively.

DateProceedings and Orders (key to color coding)
Nov 2 2015Petition for a writ of certiorari filed. (Response due December 4, 2015)
Nov 2 2015Appendix of Brian Cook, Warden filed.
Dec 3 2015Order extending time to file response to petition to and including December 18, 2015.
Dec 18 2015Brief of respondent Thomas A. Barton in opposition filed.
Jan 4 2016Reply of petitioner Brian Cook, Warden filed.
Jan 6 2016DISTRIBUTED for Conference of January 22, 2016.
Jan 19 2016Rescheduled.
Feb 8 2016DISTRIBUTED for Conference of February 19, 2016.
Feb 29 2016DISTRIBUTED for Conference of March 4, 2016.
Mar 14 2016DISTRIBUTED for Conference of March 18, 2016.
Mar 21 2016Petition DENIED.
 
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