No. 19-1255

Renee Baker, Warden, et al. v. Jeff N. Rose

Lower Court: Ninth Circuit
Docketed: 2020-04-30
Status: Denied
Type: Paid
Experienced Counsel
Tags: aedpa credibility criminal-procedure criminal-procedure-evidence-admissibility due-process evidence evidentiary-ruling habeas-corpus impeachment nevada-v-jackson ninth-circuit prior-acquittals state-court-review
Key Terms:
HabeasCorpus
Latest Conference: 2020-09-29
Question Presented (AI Summary)

Whether the Ninth Circuit's decision violates AEDPA

Question Presented (from Petition)

QUESTION PRESENTED At his trial for molesting A.C. and C.C., defendant Jeff Rose sought to present evidence that a different jury acquitted him on charges relating to two other young girls, D.A. and Z.V. Rose also sought to attack A.C.’s credibility by presenting testimony from three more girls—C.R., K.T., and R.S.—who he claimed would say that he never acted inappropriately with them as A.C. alleged. The State responded that it would bolster A.C.’s credibility by presenting evidence that she saw Rose molest other girls, including Rose’s daughter, J.R. And if J.R. denied the accusation, the State said it would impeach her with her own prior inconsistent statements. Applying a rule of evidence that exists in virtually every jurisdiction in the nation, the trial court rejected both parties’ attempts to turn Rose’s trial into a circus by introducing evidence of uncharged acts and prior acquittals. The Nevada Supreme Court affirmed. The federal district court denied habeas relief. On appeal, however, rather than applying AEDPA, the Ninth Circuit reversed in a decision that sounds of ordinary error correction, suggesting that the trial court could have issued a narrower ruling and merely concluding that the alleged error was not harmless. The question presented in this matter is: Whether the Ninth Circuit’s decision violates AEDPA, given that this Court reversed the Ninth Circuit under materially indistinguishable circumstances in Nevada v. Jackson, 569 U.S. 505, 509 (2018).

Docket Entries

2020-10-05
Motion for leave to proceed in forma pauperis filed by respondent GRANTED.
2020-10-05
Petition DENIED.
2020-07-15
DISTRIBUTED for Conference of 9/29/2020.
2020-07-14
Reply of petitioners Renee Baker, et al. filed. (Distributed)
2020-07-01
Motion for leave to proceed in forma pauperis filed by respondent Jeff N. Rose.
2020-07-01
Brief of respondent Jeff N. Rose in opposition filed.
2020-05-29
Motion to extend the time to file a response is granted and the time is extended to and including July 1, 2020.
2020-05-27
Motion to extend the time to file a response from June 1, 2020 to July 1, 2020, submitted to The Clerk.
2020-04-24
Petition for a writ of certiorari filed. (Response due June 1, 2020)
2020-02-20
Application (19A915) granted by Justice Kagan extending the time to file until March 25, 2020.
2020-02-14
Application (19A915) to extend the time to file a petition for a writ of certiorari from February 24, 2020 to March 25, 2020, submitted to Justice Kagan.

Attorneys

Jeff N. Rose
Amelia L. BizzaroFederal Public Defender, District of Nevada, Respondent
Amelia L. BizzaroFederal Public Defender, District of Nevada, Respondent
Renee Baker, et al.
Heidi Jill Parry SternOffice of the Nevada Attorney General, Petitioner
Heidi Jill Parry SternOffice of the Nevada Attorney General, Petitioner