No. 18-5252

Ricky Lee Earp v. Ron Davis, Warden

Lower Court: Ninth Circuit
Docketed: 2018-07-17
Status: Denied
Type: IFP
IFP
Tags: credibility-of-prosecution discovery discovery-rights dna-testing due-process federal-court-proceedings federal-habeas habeas-corpus prosecutorial-misconduct spoliation-of-evidence
Key Terms:
FifthAmendment HabeasCorpus
Latest Conference: 2018-11-16
Question Presented (AI Summary)

Whether a petitioner can be denied discovery necessary to learn the circumstances of the government's spoliation of potentially exculpatory evidence in federal habeas proceedings

Question Presented (from Petition)

QUESTIONS PRESENTED 1. When, if ever, can a petitioner be denied the discovery necessary to learn the circumstances of counsel for respondent’s spoliation of potentially exculpatory evidence which the petitioner was seeking to have DNA tested, in the course of proceedings on a federal habeas corpus claim for prosecutorial suppression of evidence? 2. Does spoliation of potentially exculpatory evidence by one part of a prosecution team impact the credibility of others on the team?

Docket Entries

2018-11-19
Petition DENIED.
2018-11-01
DISTRIBUTED for Conference of 11/16/2018.
2018-10-30
Reply of petitioner Ricky Lee Earp filed. (Distributed)
2018-10-17
Brief of respondent Ronald Davis in opposition filed.
2018-09-14
Motion to extend the time to file a response is granted and the time is further extended to and including October 17, 2018.
2018-09-11
Motion to extend the time to file a response from September 17, 2018 to October 17, 2018, submitted to The Clerk.
2018-08-08
Motion to extend the time to file a response is granted and the time is extended to and including September 17, 2018.
2018-08-06
Motion to extend the time to file a response from August 16, 2018 to September 17, 2018, submitted to The Clerk.
2018-07-13
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 16, 2018)
2018-06-07
Application (17A1346) granted by Justice Kennedy extending the time to file until July 13, 2018.
2018-06-02
Application (17A1346) to extend the time to file a petition for a writ of certiorari from June 13, 2018 to July 13, 2018, submitted to Justice Kennedy.

Attorneys

Ricky Lee Earp
Robert S. GersteinAttorney-at-Law, Petitioner
Robert S. GersteinAttorney-at-Law, Petitioner
Ronald Davis
James William Bilderback IIICalif. Dept. of Justice, Respondent
James William Bilderback IIICalif. Dept. of Justice, Respondent