No. 18-9556

Charles R. Willard v. California Department of Corrections and Rehabilitation

Lower Court: Ninth Circuit
Docketed: 2019-06-05
Status: Denied
Type: IFP
IFP
Tags: certificate-of-appealability inconsistent-testimony ineffective-assistance ineffective-assistance-of-counsel mental-health mental-illness prejudice prior-convictions prosecutorial-misconduct sentencing sentencing-mitigation trial-counsel witness-credibility witness-impeachment
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2019-10-01
Question Presented (AI Summary)

Is the low threshold for a certificate of appealability (COA) met on a claim that trial counsel provided prejudicially deficient performance when counsel failed to impeach the key prosecution witness with his inconsistent testimony?"

Question Presented (OCR Extract)

Questions Presented 1. Is the low threshold for a certificate of appealability (“COA”) met on a claim ; that trial counsel provided prejudicially deficient performance when counsel failed to impeach the key prosecution witness with his inconsistent : testimony? 2. Does a petitioner meet the low threshold for a COA on a claim that trial counsel provided prejudicially deficient performance when counsel failed to adequately emphasize petitioner's history of mental illness to support his requests that the trial court dismiss a prior “strike,” so that the instant conviction would not be his “third strike”? |

Docket Entries

2019-10-07
Petition DENIED.
2019-07-18
DISTRIBUTED for Conference of 10/1/2019.
2019-06-03
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 5, 2019)

Attorneys

Charles Willard
Lara Kristin HoffmanFederal Public Defender, Petitioner