No. 18-6620

Joe Louis Armenta v. Ralph Diaz, Acting Secretary, California Department of Corrections and Rehabilitation

Lower Court: Ninth Circuit
Docketed: 2018-11-08
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 28-usc-2254 aedpa deck-v-jenkins fourteenth-amendment habeas-corpus habeas-proceedings jury-instructions procedural-default prosecutorial-misconduct standard-of-review
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2019-01-04
Question Presented (AI Summary)

Do prior decisions of this Court compel the conclusion that so long as the jury is properly admonished and instructed, there cannot be a viable claim of prejudicial prosecutorial misconduct in 28 U.S.C. 2254(d) habeas proceedings?

Question Presented (OCR Extract)

QUESTIONS PRESENTED (1) Do prior decisions of this Court compel the conclusion that so long as the jury is properly admonished and instructed, there cannot be a viable claim of prejudicial prosecutorial misconduct in 28 U.S.C. 2254(d) habeas proceedings? (See, Deck v. Jenkins, 814 F.3d 954, (9th Cir. 2014).) (2) Can the prejudice flowing from a procedurally defaulted claim (which is inexorably intertwined with prejudice from a non-procedurally defaulted claim) be considered in the calculation of whether a federal habeas petitioner has stated a prejudicial prosecutorial misconduct violation under the Fourteenth Amendment? (3) In the context of 28 U.S.C. 2254(d) federal habeas proceedings under the AEDPA, is California's briefing rule (Cal. Rules of Ct., Rule 8.204) adequate as a procedural bar, insofar as it is purportedly firmly established and regularly followed? (See, Johnson v. Lee, 578 U.S. __, 136 S. Ct. 1802 (2016).) (4) In the context of 28 U.S.C. 2254(d) federal habeas proceedings under the AEDPA, is a state court's finding of procedural default completely unassailable, no matter how spurious the finding may be? (See, Wainwright v. Sykes, 433 U.S. 72, 81, 8791,97 S.Ct. 2497, 53 L.Ed.2d 594 (1977); Engle v. Isaac, 456 U.S. 107, 129, 102 S.Ct. 1558, 71 L.Ed.2d 783 (1982); and Coleman v. Thompson, 501 U.S. 722, 728, 111 S.Ct. 2546, 115 L.Ed.2d 640 (1991).) i

Docket Entries

2019-01-07
Petition DENIED.
2018-12-13
DISTRIBUTED for Conference of 1/4/2019.
2018-12-04
Waiver of right of respondent Scott Kernan to respond filed.
2018-11-08
Application (18A502) denied by Justice Kagan.
2018-11-02
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 10, 2018)
2018-11-02
Application (18A502) to recall and stay mandate of the United States Court of Appeals for the Ninth Circuit pending the disposition of the petition for a writ of certiorari, submitted to Justice Kagan.

Attorneys

Joe Armenta
Richard Vincent MyersRichard V. Myers, Attorney at Law, Petitioner
Scott Kernan
Vincent Paul LaPietra — Respondent