Redmon v. Johnson

The Georgia Supreme Court normally issues summary denials of habeas applications by unpublished order. However, “there appears to be significant misunderstanding of the process by which this Court renders these decisions and the import of our decisions, both among repeat litigants in state habeas proceedings and among the federal courts that sometimes see the same cases - particularly death penalty cases - later in federal habeas corpus proceedings brought under 28 USC 2254.” The Court did not discuss any question of federal habeas law as presented in Wilson v. Warden, 834 F3d 1227 (11th Cir. 2016) (en banc), cert. granted sub nom. Wilson v. Sellers, 137 SCt 1203 (U.S. Feb. 27, 2017) (No. 16- 6855). However, issues presented by “Wilson” appeared to depend in part on presumptions about the Georgia Court’s summary denials of habeas applications, “and those presumptions should be founded on reality rather than supposition, inference, or misinformation.” The Court therefore took the opportunity of this case to explain. View "Redmon v. Johnson" on Justia Law