No. 19-5144
David R. Uribe v. Ralph Diaz, Secretary, California Department of Corrections and Rehabilitation
IFP
Tags: 14th-amendment certificate-of-appealability due-process gang-evidence habeas-corpus insufficient-evidence jackson-v-virginia underlying-charges
Key Terms:
Securities Immigration
Securities Immigration
Latest Conference:
2019-10-01
Question Presented (AI Summary)
Should a certificate of appealability be granted to review whether there was a violation of Jackson v. Virginia and the Due Process Clause?
Question Presented (OCR Extract)
QUESTION PRESENTED Should a certificate of appealability be granted to review whether there was a violation of Jackson v. Virginia, 443 U.S. 307, 317 and the Due Process Clause of the 14° Amendment? Once the gang allegations were reversed for insufficiency of the evidence, the underlying charges which depended on the gang evidence for conviction had to also be reversed, since, without the gang evidence, there was insufficient evidence to convict appellant of the underlying charge.
Docket Entries
2019-10-07
Petition DENIED.
2019-08-22
DISTRIBUTED for Conference of 10/1/2019.
2019-07-01
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 12, 2019)
Attorneys
DAVID URIBE
Charles R Khoury Jr. — Charles R. Khoury Jr. Attorney at Law, Petitioner
Charles R Khoury Jr. — Charles R. Khoury Jr. Attorney at Law, Petitioner