No. 18-5596

George Wallace v. Ron E. Barnes, Warden

Lower Court: Ninth Circuit
Docketed: 2018-08-15
Status: Denied
Type: IFP
IFP
Tags: actual-innocence discovery due-process evidentiary-hearing factual-findings federal-habeas federal-habeas-corpus legal-standard state-court-findings state-court-procedure
Key Terms:
HabeasCorpus
Latest Conference: 2018-10-12
Question Presented (AI Summary)

Was the federal court required to accept petitioner's factual allegations as true when the state court made findings against the petitioner without a hearing?

Question Presented (OCR Extract)

No question identified. : — Questions Te The US. Supreme Court J, Was the federal Lourt required by Fedeval law fo accept as true any of Petitioners factual allegations that were made and suppor feel in federal court, when the state court made its findings against the Petitioner on those facts without first ordering a hearing / 2. Was the states factfinding procedure cleemed unreasonable (Sup Chat 20-25,€4G6.) which meant that the state § factual findiags were not binding on federal habeas corpus. see Taylor V. Madclox 1360 Fi3d 992,100! (4h Liv, 2004) 3, Was Petitioner on fedeval habeas corpus entitled 4 an evidentiary hearing when the petitioner esta blished merelya colovable claim for relief and where pe titioner never been accorded on evidentiary hearing in the state courtsee Earp V. Ornesks', 4921 Fi3d S867 (4th Cir.2005 ). 4 Was the federal Court required by Federal law to grant . Petitioner d's covery (€cF8/) of CSZ D. Noonans report of her seized sholy un pellet trom Browns livingroom wall thal the AG was arguing never happened in his answer :f discovery was indispensable toa fair round development of material facts. Towisend Vi Sains 372 US. 293 (1903). See. (AG at 341185€EX 30.) 5. was the blooddrops in Browns hallway,enterring his bedvoom over and intront of his master dresser and the blood splatter agains t his east bedroom wall combined with the gunshot heard while Brown was oof of his beclroom and Lampbell, summary indicating Brown coming into his bedroom wounded, material evidence kept from the jury. EXNNHB.24. 0” Pot WY wo Was Pelitioner en titled to an evidentiary hearing on his motion to amend CECF No8S) Concerning denied Penal Lode Section 105% discovery that lead to the discovery of the evidence ia Petitioners 2017 California Supreme writot habeas Corpus and supported petitioners federal writot habeas. . 7: Did ath ologist Stephany frore testify falsely about ated Brown not having an exit wound to his head when her autopsy report indicated he did haveone and did the prosecutor fail to corcect whatwas untrue under the Napue Standard and The district , err by not holding an Evidentiary hearing on the matter. . & Did petitioner receive a taic drial and effective assistance of trial counsel with all the evidence that was hept trom The jury and clid The district court fail to hold an evidentiary £ ‘to See vf hi) did the state sire his black shoes he.ware one hour before the murders in The Walmart video 2 . “y that the prosecutor and my trial aHorney argued Io the jory that L got rid of and 2.) Did the prosecutor present black hothing autth GSR on them that was not the same black and cel my drial aloe socks ane he bebe the merder 'Ton the record. >of UY CONTENT Table of case $e 1 Table of Authority _ nT) Introduction 4o Petition a ut . | Standardof Review ig Statementof Case Statement of Pertinentfacts —— 3 Reason for granting Writ and avgument summary ———_— 5-12. Fundamentally Unjust! TE ncarcevetion —_13 -20 Fundamental Miscarriage of Sustice 20-29 Complete Failuce to Investigate ——_— 24-36 Actual Tyno cea ¢ $$ 37-38 Exhibit cover sheet. 1 Proof of Service 43 |

Docket Entries

2018-10-15
Petition DENIED.
2018-09-27
DISTRIBUTED for Conference of 10/12/2018.
2018-07-27
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 14, 2018)

Attorneys

George Wallace
George Ellis Wallace — Petitioner
George Ellis Wallace — Petitioner