No. 20-1490

Quinn Alexander Marez v. Kathleen Allison, Secretary, California Department of Corrections and Rehabilitation

Lower Court: Ninth Circuit
Docketed: 2021-04-26
Status: Denied
Type: Paid
Response Waived
Tags: 28-usc-2254 federal-court federal-review habeas-corpus ineffective-assistance ineffective-assistance-of-counsel mental-state-defense procedural-requirements state-court state-court-review
Key Terms:
DueProcess FourthAmendment HabeasCorpus JusticiabilityDoctri
Latest Conference: 2021-06-10
Question Presented (AI Summary)

May a federal court substitute its own reasons for denying a habeas petition when the state court's reasons were legally in error?

Question Presented (from Petition)

QUESTION PRESENTED (1) May a federal court seeking to determine whether a state court decision was reasonable for purposes of 28 U.S.C. § 2254(d) substitute its own reasons for denying the petition when the state court’s reasons were legally in error? (2) May a federal district court deny a petition for writ of habeas corpus without a hearing after the state court ignored state procedural requirements and denied a claim of ineffective assistance of counsel for failure to investigate a mental state defense in a homicide case, even though the Petitioner provided an expert’s declaration documenting the defendant’s post-traumatic stress disorder resulting from a prior sexual assault by the homicide victim?

Docket Entries

2021-06-14
Petition DENIED.
2021-05-25
DISTRIBUTED for Conference of 6/10/2021.
2021-05-17
Waiver of right of respondent Kathleen Allison, Secretary, California Dept. of Correction and Rehabilitation (Respondent) to respond filed.
2021-04-16
Petition for a writ of certiorari filed. (Response due May 26, 2021)

Attorneys

Kathleen Allison, Secretary, California Dept. of Correction and Rehabilitation (Respondent)
Julie Ann HarrisOffice of the Attorney General, Respondent
Julie Ann HarrisOffice of the Attorney General, Respondent
Quinn Marez
Wesley A. Van Winkle — Petitioner
Wesley A. Van Winkle — Petitioner