No. 18-5964

Nicholas Hacheney v. Mike Obenland, Superintendent, Monroe Correctional Complex

Lower Court: Ninth Circuit
Docketed: 2018-09-13
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: certificate-of-appealability constitutional-law due-process federal-habeas-review habeas-corpus ineffective-assistance ineffective-assistance-of-counsel state-court-reasoning state-court-review wilson-v-sellers
Key Terms:
HabeasCorpus
Latest Conference: 2018-10-12
Question Presented (AI Summary)

Whether the Ninth Circuit's decision failing to grant a certificate of appealability for the ineffective assistance of counsel claim conflicts with Wilson v. Sellers

Question Presented (from Petition)

QUESTION PRESENTED In Wilson v. Sellers, __ U.S. __, 188 S. Ct. 1188, 1192 (2018), this Court held that when a state court issues a reasoned decision “a federal habeas court simply reviews the specific reasons given by the state court and defers to those reasons if they are reasonable.” Here, the habeas court did not review the reasons given by the state court for denying Mr. Hacheney’s ineffective assistance of counsel claim, but instead posited its own reasons. Does the Ninth Circuit’s decision failing to grant a certificate of appealability for this claim conflict with Wilson?

Docket Entries

2018-10-15
Petition DENIED.
2018-09-27
DISTRIBUTED for Conference of 10/12/2018.
2018-09-18
Waiver of right of respondent Mike Obenland to respond filed.
2018-09-05
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 15, 2018)

Attorneys

Mike Obenland
John Joseph Samson — Respondent
John Joseph Samson — Respondent
Nicholas Hacheney
Jeffrey Erwin EllisAlsept & Ellis, Petitioner
Jeffrey Erwin EllisAlsept & Ellis, Petitioner