No. 18-5172
Samuel Isaac Marquez v. Timothy Filson, Warden, et al.
Response WaivedIFP
Tags: brumfield-precedent brumfield-v-cain due-process fact-finding federal-law habeas-corpus insanity-defense ninth-circuit state-court state-court-fact-finding
Key Terms:
DueProcess HabeasCorpus Punishment Privacy JusticiabilityDoctri
DueProcess HabeasCorpus Punishment Privacy JusticiabilityDoctri
Latest Conference:
2018-09-24
Question Presented (AI Summary)
Whether the Ninth Circuit's decision contradicted Brumfield v. Cain by holding that a state-court determination of fact cannot be unreasonable due to a lack of clearly established federal law
Question Presented (OCR Extract)
QUESTIONS PRESENTED 1.‘ This Court in Brumfield granted federal habeas corpus relief, despite a lack of clearly established federal law, because the state-court decision relied on an unreasonable determination of fact. Here, the Ninth Circuit denied habeas relief on the theory that, because of a lack of clearly established federal law, a state-court determination of fact cannot be unreasonable. Did the Ninth Circuit’s holding contradict Brumfield? i
Docket Entries
2018-10-01
Petition DENIED.
2018-08-16
DISTRIBUTED for Conference of 9/24/2018.
2018-08-08
Waiver of right of respondents Timothy Filson, Warden, et al. to respond filed.
2018-07-05
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 8, 2018)
Attorneys
Joe Gentry, et al.
Samuel Marquez