No. 18-6040

Daniel Lee Thornberry v. Ralph Diaz, Acting Secretary, California Department of Corrections and Rehabilitation

Lower Court: Ninth Circuit
Docketed: 2018-09-19
Status: Denied
Type: IFP
Response WaivedIFP
Tags: civil-rights criminal-procedure due-process habeas-corpus sentencing standing
Latest Conference: 2018-11-02
Question Presented (from Petition)

Does The Petition state a substantial showing of the denial of a constitutional right? Cognizable on 28 use 2254 and Uudr 28 Usc 225314)(2)?.

Does a substantive change in a divisible statote elements -based entitle a defendant to a shepard-style for the purpose of determining the appropriate revosed statute?

Question Presented (AI Summary)

Does the petition state a substantial showing of the denial of a constitutional right cognizable on 28 USC 2254 and under 28 USC 2255(2)?

Docket Entries

2018-11-05
Petition DENIED.
2018-10-18
DISTRIBUTED for Conference of 11/2/2018.
2018-10-05
Waiver of right of respondent Kernan, Sec., CA DOC to respond filed.
2018-08-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 19, 2018)

Attorneys

Daniel Lee Thornberry
Daniel Lee Thornberry — Petitioner
Kernan, Sec., CA DOC
Vincent Paul LaPietra — Respondent