No. 19-7501

Steven Livaditis v. Ron Davis, Warden

Lower Court: Ninth Circuit
Docketed: 2020-02-03
Status: Denied
Type: IFP
IFP
Tags: 28-usc-2254 abusive-conduct constitutional-claim federal-review habeas-corpus ineffective-assistance ineffective-assistance-of-counsel mental-illness mental-impairments mitigating-evidence penalty-phase reasonable-probability
Key Terms:
DueProcess HabeasCorpus Punishment JusticiabilityDoctri
Latest Conference: 2020-09-29
Question Presented (AI Summary)

Was the state court's summary denial of Petitioner's claims, alleging defense counsel's failure to present any penalty phase evidence of (i) Petitioner's mental illness and (ii) the mental impairments and abusive conduct of Petitioner's mother, contrary to or an unreasonable application of clearly established federal law as determined by the Supreme Court, or an unreasonable determination of the facts, within the meaning of 28 U.S.C. § 2254(d)?

Question Presented (OCR Extract)

QUESTIONS PRESENTED qd) Was the state court’s summary denial of Petitioner’s claims, alleging defense counsel’s failure to present any penalty phase evidence of (1) Petitioner’s mental illness and (ii) the mental impairments and abusive conduct of Petitioner’s mother, contrary to or an unreasonable application of clearly established federal law as determined by the Supreme Court, or an unreasonable determination of the facts, within the meaning of 28 U.S.C. § 2254(d)? (2) Would it be unreasonable for a state court to conclude that, in light of the aggravating circumstances in this case, there is no reasonable probability of a different result if counsel had presented the substantial evidence that Petitioner was mentally ill and that his mother was also mentally ill and abusive? 4

Docket Entries

2020-10-05
Petition DENIED.
2020-07-02
DISTRIBUTED for Conference of 9/29/2020.
2020-07-02
Reply of petitioner Steven Livaditis filed. (Distributed)
2020-05-11
Motion to delay distribution of the petition for a writ certiorari until July 2, 2020, granted.
2020-05-08
Motion of petitioner to delay distribution of the petition for a writ of certiorari under Rule 15.5 from May 20, 2020 to July 2, 2020, submitted to The Clerk.
2020-04-30
Brief of respondent Ron Davis, Warden in opposition filed.
2020-03-24
Motion to extend the time to file a response is granted and the time is extended to and including May 4, 2020.
2020-03-23
Motion to extend the time to file a response from April 3, 2020 to May 4, 2020, submitted to The Clerk.
2020-02-14
Motion to extend the time to file a response is granted and the time is extended to and including April 3, 2020.
2020-02-12
Motion to extend the time to file a response from March 4, 2020 to April 3, 2020, submitted to The Clerk.
2020-01-27
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 4, 2020)

Attorneys

Ron Davis, Warden
Julie Ann HarrisOffice of the Attorney General, Respondent
Julie Ann HarrisOffice of the Attorney General, Respondent
Julie HarrisCalifornia Department of Justice, Respondent
Julie HarrisCalifornia Department of Justice, Respondent
Steve Livaditis
Jan NormanAttorney at Law, Petitioner
Jan NormanAttorney at Law, Petitioner