No. 19-147

Michael Baraka Mason v. Daniel Paramo, Warden

Lower Court: Ninth Circuit
Docketed: 2019-08-01
Status: Denied
Type: Paid
Tags: certificate-of-appealability federalism-and-comity habeas-corpus ineffective-assistance ineffective-assistance-of-counsel merits-based-standard merits-standard plainly-meritless procedural-complexity reasonable-probability reasonable-probability-of-different-outcome rhines-stay
Key Terms:
HabeasCorpus
Latest Conference: 2019-10-11
Question Presented (AI Summary)

Whether a habeas petitioner who seeks a Rhines stay to exhaust a claim of ineffective assistance of counsel must establish a 'reasonable probability of a different outcome' in order to establish that his claim is not 'plainly meritless'

Question Presented (OCR Extract)

QUESTIONS PRESENTED I. Whether a habeas petitioner who seeks a Rhines stay to exhaust a claim of ineffective assistance of counsel must establish a “reasonable probability of a different outcome” in order to establish that his claim is not “plainly meritless.” In particular, whether applying such an exacting merits-based standard runs afoul of this Court’s rule that a petitioner need only establish a “colorable claim” in order to justify a Rhines stay, as well as the federalism and comity principles underlying it. II. Whether a certificate of appealability may be a mere “rubber stamp,” or whether it should issue where the district court’s ruling differs from the opinions of other courts on complex procedural issues that have not been squarely addressed by this Court.

Docket Entries

2019-10-15
Petition DENIED.
2019-09-18
DISTRIBUTED for Conference of 10/11/2019.
2019-07-28
Petition for a writ of certiorari filed. (Response due September 3, 2019)
2019-05-20
Application (18A1196) granted by Justice Kagan extending the time to file until July 28, 2019.
2019-05-16
Application (18A1196) to extend the time to file a petition for a writ of certiorari from May 29, 2019 to July 28, 2019, submitted to Justice Kagan.

Attorneys

Michael Baraka Mason
Becky S. JamesJames & Associates, Petitioner
Becky S. JamesJames & Associates, Petitioner