No. 18-5694

Taumu James v. Debbie Asuncion, Warden

Lower Court: Ninth Circuit
Docketed: 2018-08-22
Status: Denied
Type: IFP
Response RequestedResponse WaivedRelisted (2)IFP
Tags: 28-usc-2254 circuit-court clearly-established-federal-law due-process fair-application federal-law habeas-corpus identification-evidence state-suggestion
Key Terms:
DueProcess HabeasCorpus JusticiabilityDoctri
Latest Conference: 2019-01-18 (distributed 2 times)
Question Presented (AI Summary)

Does Perry govern the due process analysis if identification evidence is challenged based on the fact that it does not purport to identify the person who committed the crime?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. In Perry v. New Hampshire, 565 U.S. 228 (2012), this Court held that the right to due process is generally not denied by identification evidence unless it was produced by state suggestion. Does Perry govern the due process analysis if identification evidence is challenged based on the fact that it admittedly does not purport to identify the person who committed the crime, or was Perry confined to the analysis of claims of suggestive identification? 2. Does it deprive a habeas petitioner of a fair application of 28 U.S.C. § 2254 when a circuit court sets up its own standard for what constitutes “clearly established federal law” and then fails to apply or even acknowledge that standard when a habeas petitioner invokes it? ;

Docket Entries

2019-01-22
Petition DENIED.
2019-01-03
DISTRIBUTED for Conference of 1/18/2019.
2019-01-02
Reply of petitioner Taumu James filed. (Distributed)
2018-12-19
Brief of respondent Debbie Asuncion, Warden in opposition filed.
2018-11-21
Motion to extend the time to file a response is granted and the time is extended to and including December 26, 2018.
2018-11-19
Motion to extend the time to file a response from November 26, 2018 to December 26, 2018, submitted to The Clerk.
2018-10-19
Motion to extend the time to file a response is granted and the time is extended to and including November 26, 2018.
2018-10-17
Motion to extend the time to file a response from October 26, 2018 to November 26, 2018, submitted to The Clerk.
2018-09-26
Response Requested. (Due October 26, 2018)
2018-09-20
DISTRIBUTED for Conference of 10/5/2018.
2018-09-12
Waiver of right of respondent Debbie Asuncion, Warden to respond filed.
2018-07-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 21, 2018)

Attorneys

Debbie Asuncion, Warden
Scott Alan TaryleCalifornia Attorney General's Office, Respondent
Scott Alan TaryleCalifornia Attorney General's Office, Respondent
Taumu James
Alex Nicholas CoolmanThe Law Office of Alex Coolman, Petitioner
Alex Nicholas CoolmanThe Law Office of Alex Coolman, Petitioner