No. 18-6012

Lucious Wilson v. J. Soto, Warden

Lower Court: Ninth Circuit
Docketed: 2018-09-18
Status: Denied
Type: IFP
Response WaivedIFP
Tags: aedpa certificate-of-appealability constitutional-law darden-standard darden-v-wainwright due-process habeas habeas-corpus ninth-circuit non-unanimous-verdict prosecutorial-misconduct uncharged-conduct
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2018-10-12
Question Presented (AI Summary)

Is the Ninth Circuit's denial of a certificate of appealability (COA) on the claim that Wilson's conviction is unconstitutional due to prosecutorial misconduct contrary to this Court's rule that a COA is required when the district court's denial of a habeas claim is debatable?

Question Presented (OCR Extract)

QUESTION PRESENTED Is the Ninth Circuit’s denial of a certificate of appealability (“COA”) on the claim that Wilson’s conviction is unconstitutional because the prosecutor committed prejudicial misconduct under Darden v. Wainwright, 474 U.S. 438, 446 n.8 (1986), where he argued to the jury that Wilson had committed multiple assaults, thereby urging the jury to convict him on the basis of uncharged conduct, and to reach a non-unanimous decision, contrary to this Court’s rule that a COA is required when the district court’s denial of a habeas claim is debatable? I

Docket Entries

2018-10-15
Petition DENIED.
2018-09-27
DISTRIBUTED for Conference of 10/12/2018.
2018-09-24
Waiver of right of respondent J. Soto to respond filed.
2018-09-14
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 18, 2018)

Attorneys

J. Soto
Ernesto Carlos DominguezCalifornia Attorney General's Office, Respondent
Ernesto Carlos DominguezCalifornia Attorney General's Office, Respondent
Lucious Wilson
Moriah RadinOffice of the Federal Public Defender, Petitioner
Moriah RadinOffice of the Federal Public Defender, Petitioner