No. 18-7843

Patrick K. Gibson v. Jeri Boe, Superintendent, Clallam Bay Corrections Center

Lower Court: Ninth Circuit
Docketed: 2019-02-07
Status: Denied
Type: IFP
Response WaivedIFP
Tags: certificate-of-appealability constitutional-rights due-process fair-trial fourteenth-amendment judicial-proceedings judicial-review ninth-circuit sixth-amendment
Key Terms:
DueProcess HabeasCorpus Privacy
Latest Conference: 2019-03-15
Question Presented (AI Summary)

Did the Ninth Circuit Court of Appeals error in denying a Certificate of Appealability?

Question Presented (OCR Extract)

QUESTION(S) PRESENTED Did the Ninth Circuit Court of Appeals error in denying a Certificate of Appealability, where petitioner presented clear factual evidence, supported by the trial record, that his Sixth and Fourteenth Amendment Constitutional rights to a fair trial and due process were violated? Did the Ninth Circuit depart so far from the accepted and usual course of judicial proceedings, by omitting consideration of evidence entitled to substantial or considerable weight, or sanction such a departure by lower Courts, failing to conduct a full and fair review of the application for a C.0.A., that it requires an exercise of this Court's supervisory powers, in the ; interests of justice, where the record before the Court shows clearly, manifest/plain errors exist, and that the errors were prejudicial to petitioner, affecting the verdict, rendering the trial fundamentally unfair? Is it not the duty of the United States Supreme Court to make its aim independent examination of the record when federal ; constitutional deprivations alleged, the duty resting on the Court's responsibility for maintaining the constitution inviolate?

Docket Entries

2019-03-18
Petition DENIED.
2019-02-28
DISTRIBUTED for Conference of 3/15/2019.
2019-02-13
Waiver of right of respondent Jeri Boe, Superintendent to respond filed.
2018-10-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 11, 2019)

Attorneys

Jeri Boe, Superintendent
John Joseph Samson — Respondent
Patrick Gibson
Patrick K. Gibson — Petitioner