No. 20-6210

Deondre Arthur Staten v. Ronald Davis, Warden

Lower Court: Ninth Circuit
Docketed: 2020-11-04
Status: Denied
Type: IFP
IFP
Tags: federal-deference habeas-corpus ineffective-assistance ineffective-assistance-of-counsel prima-facie-case state-court-procedure state-court-procedures strickland-standard strickland-v-washington
Key Terms:
HabeasCorpus
Latest Conference: 2021-02-26
Question Presented (AI Summary)

Whether federal court deference to state court summary disposition of habeas claims includes deference to state court's established process and procedures

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Under 28 U.S.C. §2254(d)(2) and this Court’s decision in Harrington v. Richter, 562 U.S. 86 (2011), does a federal court’s deference to a state court’s summary disposition of a habeas corpus claim include deference to the state court’s established process and procedures for determining whether, on the record before it, a prima facie case has been made out? 2. Under Richter v. Harrington, 562 U.S. 86 (2011), a state court’s determination that a claim lacks merit precludes federal habeas relief under 28 U.S.C. § 2254(d) so long as fairminded jurists could disagree on the correctness of the state court’s decision. Does that same deference preclude federal habeas relief under 28 U.S.C.§ 2254(d) when a three judge panel finds under Stickland v. Washington, 466 U.S. 668 (1984) that the petitioner was denied effective assistance of counsel during the guilt phase of the trial, but two of the three judges have a disagreement with whether or not the petitioner was prejudiced because, in theory, some fairminded jurist might disagree with them?

Docket Entries

2021-03-01
Petition DENIED.
2021-02-11
DISTRIBUTED for Conference of 2/26/2021.
2021-02-08
Reply of petitioner Deondre Staten filed. (Distributed)
2021-01-28
Brief of respondent Ronald Davis, Warden in opposition filed.
2020-12-17
Motion to extend the time to file a response is granted and the time is extended to and including February 3, 2021.
2020-12-16
Motion to extend the time to file a response from January 4, 2021 to February 3, 2021, submitted to The Clerk.
2020-11-13
Motion to extend the time to file a response is granted and the time is extended to and including January 4, 2021.
2020-11-12
Motion to extend the time to file a response from December 4, 2020 to January 4, 2021, submitted to The Clerk.
2020-10-27
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 4, 2020)

Attorneys

Ronald Davis, Warden
Scott Alan TaryleCalifornia Attorney General's Office, Respondent
Scott Alan TaryleCalifornia Attorney General's Office, Respondent