No. 19-6995

Richard Alan King v. United States

Lower Court: Ninth Circuit
Docketed: 2019-12-18
Status: Denied
Type: IFP
Response WaivedIFP
Tags: actual-innocence certificate-of-appealability civil-procedure criminal-procedure due-process faretta-v-california fundamental-miscarriage-of-justice magistrate pro-se-pleading procedural-default remand reversal standard-of-review standing supreme-court-precedent
Key Terms:
DueProcess HabeasCorpus Securities JusticiabilityDoctri
Latest Conference: 2020-01-24
Question Presented (AI Summary)

Was the presiding magistrate's analysis so flawed as to warrant this court to reverse and remand so that a correct legal standard may be applied?

Question Presented (OCR Extract)

QUESTIONS PRESENTED I Was The Presiding Magistrate's Analysis So Flawed As To ' Warrent This Court To Reverse And Remand So That A : Correct Legal Standard May Be Applied ? pg 7. ; II Did The Government Waive Its Procedural Default Argument By Failing To Raise That Argument In The District Court During The Relevant Pre-Trial, And Trial Hearings Pursuant To Established Precedent In Faretta V CA. 422 U.S. (1972)? pe. : III Was There A Departure From Established pro-se Liberal Pleading Standards Resulting In Violation of Due Process ? pg 10. IV Was The Lower Courts Reasons or lack there of) For Denying Petitioner A Certificate Of Appealability "COA" Flawed? pg1l. v Was The Government's Legal Standard Grounded On Faretta v California 422 US 805 (1972) And Cook v Ryan 688 F3d 601 (9th Cir 2012) Flawed As To Warrant Remand:? pg 12. ; VI Was The District court's Decision Adopting The Magistrate's Report And Recommandation SoFlawed As To Compell Summary ; « Reversal And Remand To Correct A manifest Injustice? pg 19 VII Did A Fundamental Miscarriage Of Justice Occur When The Lower Court's Failed To Correctly Apply Court<PRrecedent Contrary To Massaro v United States 538 U.S. 500 (2003) ? pg 20. . VIII Was 21 USCS § 846 And 21 uSCS § 841A (a)(1) Unconstitu, tionally Applied To Petitioner, Rendering Petitioner Actually Innocent Of. A Violation Of Those Statutes? pg 24. i

Docket Entries

2020-01-27
Petition DENIED.
2020-01-09
DISTRIBUTED for Conference of 1/24/2020.
2019-12-30
Waiver of right of respondent United States to respond filed.
2019-09-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 17, 2020)
2019-08-28
Application (19A232) granted by Justice Kagan extending the time to file until September 23, 2019.
2019-06-27
Application (19A232) to extend the time to file a petition for a writ of certiorari from July 25, 2019 to September 23, 2019, submitted to Justice Kagan.

Attorneys

Richard King
Richard Alan King — Petitioner
Richard Alan King — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent