Question Presented (AI Summary)
Did the Ninth Circuit violate 28 U.S.C. § 2254's deferential standard, and employ a flawed methodology this Court has repeatedly condemned, when it granted habeas relief based on a de novo finding that a Sixth Amendment violation had occurred?
Question Presented (OCR Extract)
QUESTION PRESENTED Respondent George Russell Kayer sits on Arizona’s death row for shooting Delbert Haas twice in the head more than a quarter-century ago. The state post-conviction court denied on the merits Kayer’s claim that his attorneys ineffectively investigated and presented mitigation at sentencing. Subsequently, bound by the Anti-terrorism and Effective Death Penalty Act (AEDPA), the district court denied habeas relief on that claim. App. 82185. A divided Ninth Circuit panel, however, reversed the district court, applying no meaningful deference to the state court’s decision. App. 2-81. Judge Carlos Bea then authored a_ twelve-judge dissent from the denial of en banc rehearing. App. 255-289. The Question Presented is as follows: Did the Ninth Circuit violate 28 U.S.C. § 2254’s deferential standard, and employ a_ flawed methodology this Court has repeatedly condemned, when it granted habeas relief based on a de novo finding that a Sixth Amendment violation had occurred? ii STATEMENT OF
2021-04-05
Record returned to the U.S.C.A. 9th Circuit (3 boxes of state court records).
2020-12-14
Petition GRANTED. Judgment VACATED and case REMANDED for further proceedings consistent with this <a href = 'https://www.supremecourt.gov/opinions/20pdf/19-1302_new_j4ek.pdf'>opinion</a>. Justice Breyer, Justice Sotomayor, and Justice Kagan dissent. <a href = 'https://www.supremecourt.gov/opinions/20pdf/19-1302_new_j4ek.pdf'>Opinion</a> per curiam. (Detached <a href = 'https://www.supremecourt.gov/opinions/20pdf/19-1302_new_j4ek.pdf'>Opinion</a>)
2020-12-07
DISTRIBUTED for Conference of 12/11/2020.
2020-11-30
DISTRIBUTED for Conference of 12/4/2020.
2020-11-16
DISTRIBUTED for Conference of 11/20/2020.
2020-11-09
DISTRIBUTED for Conference of 11/13/2020.
2020-11-02
DISTRIBUTED for Conference of 11/6/2020.
2020-10-28
Record received from the U.S.C.A. 9th Circuit (3 boxes of state court records). The remaining record is available on PACER.
2020-10-26
DISTRIBUTED for Conference of 10/30/2020.
2020-10-13
DISTRIBUTED for Conference of 10/16/2020.
2020-10-05
DISTRIBUTED for Conference of 10/9/2020.
2020-09-02
Reply of petitioners David Shinn, et al. filed. (Distributed)
2020-09-02
DISTRIBUTED for Conference of 9/29/2020.
2020-08-19
Brief of respondent George Kayer in opposition filed.
2020-07-14
Motion to extend the time to file a response is granted and the time is further extended to and including August 19, 2020.
2020-07-13
Motion to extend the time to file a response from July 20, 2020 to August 19, 2020, submitted to The Clerk.
2020-06-19
Brief amici curiae of Idaho, et al. filed.
2020-06-03
Motion to extend the time to file a response is granted and the time is extended to and including July 20, 2020. See Rule 30.1.
2020-06-03
Motion to extend the time to file a response from June 19, 2020 to July 19, 2020, submitted to The Clerk.
2020-05-15
Petition for a writ of certiorari filed. (Response due June 19, 2020)
2020-02-21
Application (19A923) granted by Justice Kagan extending the time to file until April 16, 2020.
2020-02-18
Application (19A923) to extend the time to file a petition for a writ of certiorari from March 17, 2020 to April 16, 2020, submitted to Justice Kagan.