No. 19-1302

David Shinn, Director, Arizona Department of Corrections v. George Russell Kayer

Lower Court: Ninth Circuit
Docketed: 2020-05-20
Status: GVR
Type: Paid
Amici (1)Relisted (9) Experienced Counsel
Tags: aedpa aedpa-standard comity de-novo-review federalism habeas-corpus habeas-relief ineffective-assistance ineffective-assistance-of-counsel ninth-circuit rule-of-law sixth-amendment standard-of-review
Key Terms:
HabeasCorpus Punishment
Latest Conference: 2020-12-11 (distributed 9 times)
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

Docket Entries

2021-04-05
Record returned to the U.S.C.A. 9th Circuit (3 boxes of state court records).
2021-01-15
JUDGMENT ISSUED.
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.
2020-10-15
Record Requested.
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.

Attorneys

David Shinn, et al.
Lacey Stover GardOffice of the Attorney General, Petitioner
Lacey Stover GardOffice of the Attorney General, Petitioner
George Kayer
Jean-Claude AndreBryan Cave Leighton Paisner LLP, Respondent
Jean-Claude AndreBryan Cave Leighton Paisner LLP, Respondent
Idaho, et al.
Kale Dylan GansOffice of the Attorney General for the State of Idaho, Amicus
Kale Dylan GansOffice of the Attorney General for the State of Idaho, Amicus