Jeffrey Weisheit v. Ron Neal
| JEFFREY A. WEISHEIT |
| RON NEAL |
| 23-2906 |
| October 3, 2023 |
| U.S. Court of Appeals, Seventh Circuit |
| Habeas Corpus: Death Penalty |
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Filing 6
ORDER re: Motion for expansion of certificate of appealability. [ # 5 ] The motion to expand the certificate of appealability is GRANTED IN PART. The certificate of appealability is expanded to include whether the statements that Weisheit made in the Emergency Department at St. Elizabeths Hospital were voluntary. Weisheit also seeks to expand the certificate of appealability to include whether Claim 9, which concerns asserted bias on the jury, was defaulted as opposed to being unexhausted. The district court included in the certificate of appealability the questions whether Claims 1, 2, 3, 5, 6, 7, 8, 10, 13, 14, 17, 18, 19, 20, 21, 22, 25, 29, 30, 31, 32, and 33 fall into one category rather than the other; Weisheit seeks to add Claim 9 to this list. We direct the parties to address in their briefs whether we have appellate jurisdiction given the potential presence of unexhausted claims and whether the certificate of appealability on these claims meets the standard of 28 U.S.C. 2253(c)(3) as understood in Slack v. McDaniel , 529 U.S. 473 (2000), and Gonzalez v. Thaler , 565 U.S. 134 (2012). Weisheit is free to ask the district judge to explain why each of Claims 1, 2, 3, 5, 6, 7, 8, 10, 13, 14, 17, 18, 19, 20, 21, 22, 25, 29, 30, 31, 32, and 33 presents both a substantial constitutional question and an associated procedural question, in order to justify appellate review under Slack and the standard of 2253(c)(3). ENN [6] [7345906] [23-2906] (PS) [Entered: 11/03/2023 03:16 PM]
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| Filing 5 Motion filed by Appellant Jeffrey A. Weisheit for Expansion of the Certificate of Appealability. [5] [7344500] [23-2906] (Welling, Joseph) [Entered: 10/27/2023 02:30 PM] |
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Filing 4
ORDER issued GRANTING motion to extend time to file appellant's brief. [ # 3 ] Only extraordinary circumstances, which do not include the usual press of business, will justify any further extension. Briefing shall proceed as follows: Appellant's brief due on or before 01/02/2024 for Jeffrey A. Weisheit. Appellee's brief due on or before 01/23/2024 for Ron Neal. Appellant's reply brief, if any, is due on or before 01/30/2024 for Appellant Jeffrey A. Weisheit. ENN [4] [7342949] [23-2906] (PS) [Entered: 10/20/2023 02:01 PM]
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| Filing 3 Motion filed by Appellant Jeffrey A. Weisheit to extend time to file appellant brief. [3] [7342763] [23-2906] (Welling, Joseph) [Entered: 10/19/2023 04:28 PM] |
| Filing 2 Filed Seventh Circuit Transcript Information Sheet by Appellant Jeffrey A. Weisheit. [2] [7342158] [23-2906] (Welling, Joseph) [Entered: 10/17/2023 03:56 PM] |
| Filing 1 Death penalty case. State prisoner's habeas corpus case docketed. Certificate of Appealability granted 09/05/2023. IFP. Docketing statement filed. Transcript information sheet due by 10/17/2023. Appellant's brief due on or before 10/31/2023 for Jeffrey A. Weisheit. [1] [7339687] [23-2906] (PS) [Entered: 10/03/2023 02:55 PM] |
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| Petitioner / appellant: JEFFREY A. WEISHEIT | |
| Represented By: | Joseph J. Perkovich |
| Represented By: | David P. Voisin |
| Represented By: | Joseph C. Welling |
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| Respondent / appellee: RON NEAL | |
| Represented By: | Tyler Banks |
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