No. 19-7514

Ekanem Kurfreobon Essien v. Suzanne M. Peery, Warden

Lower Court: Ninth Circuit
Docketed: 2020-01-31
Status: Denied
Type: IFP
Response WaivedIFP
Tags: constitutional-rights criminal-procedure criminal-street-gang due-process habeas-corpus ninth-circuit-review reasonable-doubt sentencing-enhancement street-terrorism-enforcement-and-prevention-act sufficiency-of-evidence
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2020-02-28
Question Presented (AI Summary)

Whether the Ninth Circuit erred in denying petitioner's habeas petition

Question Presented (OCR Extract)

QUESTION PRESENTED FOR REVIEW f Whether the Ninth Circuit erred when it denied petitioner Ekanem H ; Kufreobon Essien’s 28 U.S.C. § 2254 habeas petition based on its conclusion that his constitutional right to have every element proven beyond a reasonable doubt was not violated by the imposition of the California gang enhancement at sentencing, where the evidence was insufficient to establish: (1) the existence of a criminal street gang within the meaning of the Street Terrorism Enforcement and i Prevention Act, Cal. Penal Code § 186.22; and (2) that petitioner acted in | association with that same criminal street gang. . i RELATED CASES | People v. Ekanem Kutreobon Essien, et al., No. A134046, California Court of i Appeal. Judgment entered October 31, 2013. i People v. Ekanem Kufreobon Essien, et al., No. S215094, Supreme Court of [ California. Judgment entered on February 11, 2014. : Ekanem Kutreobon Essien v. Suzanne M. Peery, Warden, No. 15-CV-020382 JD, | Northern District of California. Judgment entered April 20, 2017. | Jacob Christian Mullan v. Eric Arnold, Warden, No. 15-CV-01003 JD, Northern i District of California. Judgment entered on April 24, 2017. ' Ekanem Kufreobon Essien v. Suzanne M. Peery, Warden, No. 17-16084, Ninth Circuit Court of Appeals. Judgment entered on November 7, 2019. : Jacob Christian Mullan v. Eric Arnold, Warden, No. 17-16052, Ninth Circuit | Court of Appeals. Judgment entered on November 7, 2019. | : Question Presented for Review

Docket Entries

2020-03-02
Petition DENIED.
2020-02-13
DISTRIBUTED for Conference of 2/28/2020.
2020-02-03
Waiver of right of respondent Suzanne M. Peery to respond filed.
2020-01-29
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 2, 2020)

Attorneys

Ekanem Essien
Mara Kapelovitz GoldmanFederal Public Defender, Petitioner
Suzanne M. Peery
David M. BaskindCalifornia Department of Justice, Respondent