No. 19-7485

Michael J. Aguon v. Warren L. Montgomery, Warden, et al.

Lower Court: Ninth Circuit
Docketed: 2020-01-29
Status: Denied
Type: IFP
Response WaivedIFP
Tags: certificate-of-appealability confrontation-clause confrontation-clause-crawford-v-washington crawford-v-washington due-process effective-assistance-of-counsel gang-expert ineffective-assistance-of-counsel miranda-v-arizona miranda-warnings police-investigation police-officer-gang-expert prosecutorial-misconduct testimonial-hearsay
Key Terms:
DueProcess
Latest Conference: 2020-03-06
Question Presented (AI Summary)

Whether the prosecution's gang expert's hearsay testimony violated Crawford v. Washington

Question Presented (OCR Extract)

QUESTIONS PRESENTED (Continued...) IV BECAUSE THE STATE COURTS, AS WELL AS THE DISTRICT COURT . BLAMED PETITIONER FOR THE UNDEVELOPED RECORD THAT WOULD ° SUPPORT HIS CLAIMS, AND SUCH CLAIMS REST LARGELY ON THE RECORD ON THE APPEAL; THUS, IT WAS INCUMBENT UPON APPELLATE COUNSEL TO RAISE THE STRONGEST CLAIMS ON DIRECT APPEAL. SO THE STATE COURTS' DECISION WAS BASED ON UNREASONABLE DETERMINATION OF FACTS IN LIGHT OF THE RECORD IN THE STATE COURT. THE NINTH CIRCUIT COURT'S DECISION IS DEBATABLE AMONGST JURISTS OF REASON. HENCE, A CERTIFICATE OF APPEALABILITY SHOULD BE ISSUED IN THIS CASE. Vv . WHETHER THE PROSECUTOR COMMITTED PROSECUTOR MISCONDUCT DURING CLOSING ARGUMENT IS "DEBATABLE AMONGST JURISTS OF REASON," THE NINTH CIRCUIT COURT'S DECISION TO DENY THE ISSUANCE OF A CERTIFICATE OF APPEALABILITY MUST BE VACATED AND CASE REMANDED. (ii)

Docket Entries

2020-03-09
Petition DENIED.
2020-02-20
DISTRIBUTED for Conference of 3/6/2020.
2020-02-12
Waiver of right of respondents Montgomery, Warden, et al. to respond filed.
2020-01-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 28, 2020)

Attorneys

Michael J. Aguon
Michael J. Aguon — Petitioner
Michael J. Aguon — Petitioner
Montgomery, Warden, et al.
Vincent Paul LaPietra — Respondent
Vincent Paul LaPietra — Respondent