No. 18-8386

Michael Apelt v. Charles L. Ryan, Director, Arizona Department of Corrections

Lower Court: Ninth Circuit
Docketed: 2019-03-12
Status: Denied
Type: IFP
Amici (1)IFP
Tags: capital-punishment capital-sentencing evidentiary-hearing fact-finding federal-habeas federal-habeas-corpus habeas-corpus ineffective-assistance ineffective-assistance-of-counsel mental-illness mental-impairment prejudice strickland-standard strickland-v-washington
Key Terms:
HabeasCorpus Punishment
Latest Conference: 2019-06-13
Question Presented (AI Summary)

When determining if a capital defendant was prejudiced by counsel's deficient performance during state sentencing, whether the federal court may bypass the fact-specific reweighing mandated by Strickland and its progeny

Question Presented (from Petition)

QUESTIONS PRESENTED 1. When determining if a capital defendant was prejudiced by counsel’s deficient performance during state sentencing, whether the federal court may bypass the fact-specific reweighing mandated by Strickland and its progeny. 2. Whether a state court decision is based on an unreasonable determination of the facts under 28 U.S.C. § 2254(d)(2) when the court denies an evidentiary hearing, despite that the petition presents, for the first time, evidence of petitioner’s traumatic upbringing, including physical and sexual abuse; placement in special education; and a history of mental illness. 3. Whether it is an unreasonable application of this Court’s death-penalty jurisprudence to conclude that, notwithstanding a capital defendant’s severe mental impairments, he may be sentenced to death because his crime was not impulsive. (i)

Docket Entries

2019-06-17
Petition DENIED.
2019-05-29
DISTRIBUTED for Conference of 6/13/2019.
2019-05-28
Reply of petitioner Michael Apelt filed.
2019-05-13
Brief of respondent Charles L. Ryan in opposition filed.
2019-04-11
Brief amicus curiae of The Federal Republic of Germany filed.
2019-04-04
Motion to extend the time to file a response is granted and the time is extended to and including May 13, 2019.
2019-04-02
Motion to extend the time to file a response from April 11, 2019 to May 13, 2019, submitted to The Clerk.
2019-03-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 11, 2019)
2018-12-20
Application (18A656) granted by Justice Kagan extending the time to file until March 10, 2019.
2018-12-19
Application (18A656) to extend the time to file a petition for a writ of certiorari from January 9, 2019 to March 10, 2019, submitted to Justice Kagan.

Attorneys

Charles L. Ryan
Lacey Stover GardOffice of the Attorney General, Respondent
Lacey Stover GardOffice of the Attorney General, Respondent
Michael Apelt
Jeffrey T. GreenSidley Austin, Petitioner
Jeffrey T. GreenSidley Austin, Petitioner
The Federal Republic of Germany
Owen C. PellWhite & Case LLP, Amicus
Owen C. PellWhite & Case LLP, Amicus