No. 18-7469

David Valenzuela Arzate v. James Robertson, Warden

Lower Court: Ninth Circuit
Docketed: 2019-01-17
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 11th-amendment 6th-amendment appellate-procedure civil-rights constitutional-provisions due-process fair-trial gang-evidence insufficient-evidence judicial-review legal-interpretation statutory-provisions
Latest Conference: 2019-02-15
Question Presented (AI Summary)

Did the Ninth Circuit Court of Appeals abuse discretion or err in denying petitioner's certificate of appealability?

Question Presented (from Petition)

QUESTION(S) PRESENTED . y™ 1) Dicl the winth Crew st Court of AppeALS Abus cliscrection OR ERR tN clen YING PelilionCRS LEAL/'ficate. of Appeal ability ? 1.) Cotcl ReASONALLEL. SURIS) RAL. IN INR. ARZATAS FavoR With Respect Io Wheathen his 11th Ameniclnen | Right fo clue. process Ancl A FAIR TRIAL WAS breachecl bY the. Ac/miss lon OF AlghLY PRIM CIAL. GANG Ev iclence. tv A TRIAL MWAERC THERE WAS Insufficient eviclewce b SLppoRT A GG chakoe is 8.) Coulcl ReASONALLE TURIST RULE. IN MA: ARZATESS favo with Reypect fo whetbeh his 11th Amenclment cI. PROCESS Right lo A FAIR TRIAL Ancl &ixXth amenclment Right Ib An ImpARWAl. JURY WERE breeachec! bY thé. Rial Cours PAIL RE bb chLLARC A misiRial oR halcl A ACAR IND KearReline SKK bias ° 4.) shoulcl this towrt CXCRCISE. LL'S TUR ischicTion UNcICER 28 USL. (287 (2) anel pant peTiTionth Reguest fa A LeRTIFicaTe Of App eal LiLitY te thiS Count IN Light of wnitecl States 58Y L138+ 235 (1713) P

Docket Entries

2019-02-19
Petition DENIED.
2019-01-31
DISTRIBUTED for Conference of 2/15/2019.
2019-01-23
Waiver of right of respondent David Baughman, Warden to respond filed.
2018-11-21
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 19, 2019)

Attorneys

David Baughman, Warden
David Andrew Eldridge — Respondent
David Andrew Eldridge — Respondent
David Valenzuela Arzate
David Valenzuela Arzate — Petitioner
David Valenzuela Arzate — Petitioner