Question Presented (AI Summary)
Did the Ninth Circuit's unreasoned denial so clearly misapply Buck's modest standard as to call for summary reversal?
Question Presented (OCR Extract)
QUESTION PRESENTED Petitioner William Davis asked the federal district court for an evidentiary hearing to prove that his state-appointed counsel, since disbarred, was constitutionally ineffective at his attempted murder trial because he failed to present a gun expert to prove the underlying shooting accidental. But the district court denied a hearing, faulting Davis—indigent, pro se, and in prison—for failing to support his claim with the opinion of an expert. Without analysis, the Ninth Circuit denied a certificate of appealability on whether this was an abuse of holding that the district court’s judgment was “not even debatable.” Buck v. Davis, 137 S. Ct. 759, 774 (2017). Did the Ninth Circuit’s unreasoned denial so clearly misapply Buck’s modest standard as to call for summary reversal? ii CONTENTS PETITION FOR WRIT OF CERTIORARL 0... crete dL CONSTITUTIONAL AND STATUTORY PROVISIONS A. The Shooting .ceccec cee eesceec
2020-04-27
DISTRIBUTED for Conference of 5/1/2020.
2020-04-20
DISTRIBUTED for Conference of 4/24/2020.
2020-04-13
DISTRIBUTED for Conference of 4/17/2020.
2020-03-30
DISTRIBUTED for Conference of 4/3/2020.
2020-03-12
DISTRIBUTED for Conference of 3/27/2020.
2020-03-06
Record received from the USCA-9th Circuit. The record is electronic and available on PACER.
2020-03-06
Record received from the USDC-Central District of California. The record is electronic and available on PACER with the exception of state documents lodged with the USDC-CDCA transmitted electronically.
2020-02-27
DISTRIBUTED for Conference of 3/20/2020.
2020-02-20
Reply of petitioner William Davis filed.
2020-02-13
Letter of February 13, 2020 from counsel for respondent filed.
2020-02-07
Brief of respondent Clark E. Ducart, Warden in opposition filed.
2020-01-08
Motion to extend the time to file a response is granted and the time is extended to and including February 18, 2020. See Rule 30.1.
2020-01-06
Motion to extend the time to file a response from January 17, 2020 to February 16, 2020, submitted to The Clerk.
2019-12-18
Response Requested. (Due January 17, 2020)
2019-12-12
DISTRIBUTED for Conference of 1/10/2020.
2019-10-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 2, 2019)
2019-08-13
Application (19A166) granted by Justice Kagan extending the time to file until October 27, 2019.
2019-08-09
Application (19A166) to extend the time to file a petition for a writ of certiorari from August 28, 2019 to October 27, 2019, submitted to Justice Kagan.