No. 19-7627

Ernesto Salgado Martinez v. David Shinn, Director, Arizona Department of Corrections

Lower Court: Ninth Circuit
Docketed: 2020-02-11
Status: Denied
Type: IFP
IFP Experienced Counsel
Tags: appellate-procedure brady-claim brady-evidence brady-violation capital-case gonzalez-v-crosby ineffective-assistance ineffective-assistance-of-counsel judicial-bias kyles-v-whitley ninth-circuit
Key Terms:
DueProcess HabeasCorpus Punishment JusticiabilityDoctri
Latest Conference: 2020-05-15
Question Presented (AI Summary)

Whether the Ninth Circuit misapplied this Court's law of implied judicial bias

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW CAPITAL CASE The questions presented for review are: (1) Whether the Ninth Circuit misapplied this Court’s law of implied judicial bias where, rather than considering the professional and social relationships of the trial court’s bailiff to the victim and the victim’s widow, the court rejected the claim on the basis Martinez could not demonstrate that the court held a direct pecuniary interest, was involved in a controversy with a party, or was part of the accusatory process; (2) Whether, as a result of that misunderstanding of the law of judicial bias, the Ninth Circuit erred in denying a claim of ineffective assistance of counsel that was premised on the failure of direct appellate counsel to raise the claim; (3) Whether the Ninth Circuit misapplied the rule of Gonzalez v. Crosby when it construed a request for remand for consideration of a Brady claim as a request for indication whether the district court would consider a rule 60(b) motion; (4) Whether the Ninth Circuit violated the rule of Kyles v. Whitley by failing to aggregate the Brady evidence attached to a request for indication whether the district court would consider a Rule 60(b) motion, with the evidence supporting the materiality of two additional Brady claims. i

Docket Entries

2020-05-18
Petition DENIED.
2020-04-29
DISTRIBUTED for Conference of 5/15/2020.
2020-04-27
Reply of petitioner Ernesto Martinez filed. (Distributed)
2020-04-13
Brief of respondents David Shinn, et al. in opposition filed.
2020-03-05
Motion to extend the time to file a response is granted and the time is extended to and including April 13, 2020.
2020-03-03
Motion to extend the time to file a response from March 12, 2020 to April 13, 2020, submitted to The Clerk.
2020-02-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 12, 2020)
2019-11-27
Application (19A602) granted by Justice Kagan extending the time to file until February 7, 2020.
2019-11-25
Application (19A602) to extend the time to file a petition for a writ of certiorari from December 9, 2019 to February 7, 2020, submitted to Justice Kagan.

Attorneys

David Shinn, et al.
Elizabeth Therese BingertArizona Attorney General's Office, Respondent
Elizabeth Therese BingertArizona Attorney General's Office, Respondent
Ernesto Martinez
Timothy M. GabrielsenFederal Public Defender's Office, Petitioner
Timothy M. GabrielsenFederal Public Defender's Office, Petitioner