No. 20-1080

Stephen Edward May v. David Shinn, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al.

Lower Court: Ninth Circuit
Docketed: 2021-02-09
Status: Denied
Type: Paid
Amici (1)Response Waived
Tags: constitutional-challenge counsel-conduct counsel-performance effective-assistance hypothetical-strategies hypothetical-strategy ineffective-assistance judicial-deference performance-evaluation record-evidence strickland-standard strickland-v-washington
Key Terms:
DueProcess HabeasCorpus Privacy JusticiabilityDoctri
Latest Conference: 2021-03-26
Question Presented (AI Summary)

Can a court find counsel's conduct to be effective under Strickland v. Washington by positing strategies that hypothetically could have, but demonstrably did not, motivate counsel's conduct?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Can a court find counsel’s conduct to be effective under Strickland v. Washington by positing strategies that hypothetically could have, but demonstrably did not, motivate counsel’s conduct? 2. Is counsel’s uninformed decision on a crucial issue—such as consenting to post-mistrial deliberations by discharged jurors made without any investigation of law and facts—a strategic judgment entitled to deference under Strickland? 3. Is counsel’s failure to preserve an obvious federal constitutional challenge to a_ state statute imposing on the defendant the burden to prove his innocent intent deficient performance under Strickland?

Docket Entries

2021-03-29
Petition DENIED.
2021-03-10
DISTRIBUTED for Conference of 3/26/2021.
2021-03-10
Brief amicus curiae of National Association for Rational Sexual Offense Laws filed. (Distributed)
2021-02-12
Waiver of right of respondent David Shinn to respond filed.
2021-01-29
Petition for a writ of certiorari filed. (Response due March 11, 2021)

Attorneys

David Shinn
J. D. NielsenArizona Attorney General's Office, Respondent
J. D. NielsenArizona Attorney General's Office, Respondent
Stephen Edward May
Erica T. DubnoHerald Price Fahringer PLLC d/b/a Fahringer & Dubno, Petitioner
Erica T. DubnoHerald Price Fahringer PLLC d/b/a Fahringer & Dubno, Petitioner
J. Thomas SullivanJ. Thomas Sullivan, Amicus
J. Thomas SullivanJ. Thomas Sullivan, Amicus