No. 18-5772

Aurelio Fidencio Saldivar v. G. D. Lewis, Warden

Lower Court: Ninth Circuit
Docketed: 2018-08-28
Status: Denied
Type: IFP
IFP
Tags: habeas-corpus ineffective-assistance sixth-amendment strickland strickland-standard tactical-rationales trial-counsel
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2018-10-26
Question Presented (AI Summary)

Is a habeas corpus petitioner alleging a Sixth Amendment claim of ineffective assistance of trial counsel required to address and rebut hypothetical tactical rationales for trial counsel's challenged acts or omissions?

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW 1. Is a habeas corpus petitioner alleging a Sixth Amendment claim of ineffective assistance of trial counsel required to address and rebut hypothetical tactical rationales for trial counsel’s challenged acts or omissions? 2. Did Aurelio Saldivar’s trial counsel render constitutionally ineffective assistance by failing to object to inflammatory and irrelevant evidence about gangs and their practices, introducing harmful evidence, conceding that Saldivar’s gang qualified for California’s sentencing enhancement, and failing to request appropriate limiting instructions?

Docket Entries

2018-10-29
Petition DENIED.
2018-10-11
DISTRIBUTED for Conference of 10/26/2018.
2018-08-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 27, 2018)

Attorneys

Aurelio Saldivar
Margaret Alice-Anne FarrandFederal Public Defender, Petitioner
Margaret Alice-Anne FarrandFederal Public Defender, Petitioner