No. 19-516

Nolan Espinda, Director, Hawaii Department of Public Safety, et al. v. Royce C. Gouveia

Lower Court: Ninth Circuit
Docketed: 2019-10-21
Status: Denied
Type: Paid
Tags: appellate-deference appellate-jurisdiction appellate-review custody federal-district-court-jurisdiction federal-jurisdiction federal-review habeas-corpus Hawai'i-sovereign-right manifest-necessity mistrial-declaration rooker-feldman-doctrine state-court-judgments
Key Terms:
FifthAmendment HabeasCorpus JusticiabilityDoctri
Latest Conference: 2020-01-10
Related Cases: 19-6528 (Vide)
Question Presented (AI Summary)

Did the Ninth Circuit err in concluding that the Rooker-Feldman doctrine is categorically not applicable to § 2241 petitions?

Question Presented (OCR Extract)

question presented is: Did the Ninth Circuit err in concluding — in direct conflict with the Court’s holding in Exxon — that the Rooker—Feldman doctrine is categorically not applicable to § 2241 petitions including those in which state-court losers invite district court review and rejection of allegedly injurious state-court judgments rendered before the district court proceedings commenced and pursuant to which the state-court losers are not in custody? ii QUESTIONS PRESENTED — Continued [2] A long line of decisions of the Court leaves no doubt that the review of a trial court’s broad discretion to declare a mistrial based on manifest necessity “‘abjures the application of any mechanical formula by which to judge the propriety’” of the declaration. Arizona v. Washington, 434 U.S. 497, 506 n. 20 (1978) (quoting Illinois v. Somerville, 410 U.S., at 462). The second question presented is: Did the Ninth Circuit err in concluding — in direct conflict with the Court’s holding in Washington — that the trial court’s mistrial declaration was not supported by manifest necessity based on the result of its mechanical application of the three-step formula of its own creation that is virtually identical to the three-factor formula that Renico v. Lett, 559 U.S. 766, 779 (2010), made clear is not “a constitutional test that determine[s] whether a trial judge has exercised sound discretion in declaring a mistrial?” ili RELATED CASES State v. Gouveia, 139 Hawai‘i 70, 384 P.3d 846 (2016). Opinion entered October 25, 2016. State v. Gouveia, 1385 Hawai'i 219, 348 P.3d 496 (App. 2015), aff'd, 139 Hawai‘ 70, 384 P.3d 846 (2016). Summary Disposition Order entered May 25, 2017.

Docket Entries

2020-01-13
Motion for leave to proceed in forma pauperis filed by respondent GRANTED.
2020-01-13
Petition DENIED.
2019-12-18
DISTRIBUTED for Conference of 1/10/2020.
2019-10-31
Brief of respondent Royce C. Gouveia in opposition filed.
2019-10-31
Motion for leave to proceed in forma pauperis filed by respondent Royce C. Gouveia.
2019-10-17
Petition for a writ of certiorari filed. (Response due November 20, 2019)

Attorneys

Nolan Espinda, Director, Hawaii Department of Public Safety, et al.
Donn FudoDepartment of the Prosecuting Attorney, Petitioner
Royce C. Gouveia
Peter Christian Wolff Jr.Office of the Federal Public Defender, Respondent