No. 18-7703

Nathan Smith III v. Sherry Pennywell, et al.

Lower Court: Ninth Circuit
Docketed: 2019-02-01
Status: Denied
Type: IFP
IFP
Tags: 2254(d)(2) cumulative-error de-novo-review deference due-process fact-finding fourteenth-amendment habeas-corpus habeas-corpus-review ineffective-assistance sixth-amendment standard-of-review unreasonable-determination
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2019-03-29
Question Presented (AI Summary)

Did the CCA so stretch the facts in this case so unreasonably that no deference could be possible to its interpretation of what occurred in the taco restaurant parking lot and the case should be examined de novo because of that satisfaction of the 2254(d)(2) exception?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1) DIDTHECCA SO STRETCH THE FACTS IN THIS CASE SO UNREASONABLY THAT NO DEFERENCE COULD BE POSSIBLE TO ITS INTERPETATION OF WHAT OCCURRED IN THE TACO RESTAURANT PARKING LOT AND THE CASE SHOULD BE EXAMINED DE NOVO BECAUSE OF THAT SATISFACTION OF THE 2254(d)(2) EXCEPTION ? 2) WAS TRIAL COUNSEL PREJUDICIALLY INEFFECTIVE IN FAILING TO IMPEACH THE PROSECUTION CASE WITH POLICE TESTIMONY THAT THE “VICTIMS” WERE ACTUALLY THE AGRESSOR’S IN THIS CASE? 3) DID CUMULATIVE ERROR DENY APPELLANT A FAIR TRIAL? -i

Docket Entries

2019-04-01
Petition DENIED.
2019-03-14
DISTRIBUTED for Conference of 3/29/2019.
2019-01-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 4, 2019)

Attorneys

NATHAN SMITH iii
Charles R Khoury Jr.CHARLES R. KHOURY JR, Petitioner
Charles R Khoury Jr.CHARLES R. KHOURY JR, Petitioner