No. 20-6231

Mark Zavala v. Kim Holland, Warden, et al.

Lower Court: Ninth Circuit
Docketed: 2020-11-05
Status: Denied
Type: IFP
Response WaivedIFP
Tags: criminal-procedure due-process fair-trial fourteenth-amendment gang-enhancement sentence-enhancement street-terrorism-act unitary-proceeding
Key Terms:
DueProcess HabeasCorpus JusticiabilityDoctri
Latest Conference: 2020-12-04
Question Presented (AI Summary)

Does the trial of a sentence enhancement allegation under California's Street Terrorism Enforcement and Prevention Act in a unitary proceeding with the underlying criminal offense violate the right to a fair trial guaranteed under the Fourteenth Amendment to the U.S. Constitution?

Question Presented (OCR Extract)

QUESTION PRESENTED 1. Does the trial of a sentence enhancement allegation under California’s Street Terrorism Enforcement and Prevention Act in a unitary proceeding with the underlying criminal offense violate the right to a fair trial guaranteed under the Fourteenth Amendment to the U.S. Constitution and did it do so in this case? i STATEMENT OF RELATED CASES * People v. Mark Andrew Zavala, Scott Alan Hensley, Jonathan David Rodriguez, No. CC813723, Superior Court of California for Santa Clara County. Judgment entered September 8, 2010. * People v. Mark Andrew Zavala et al., No. H036028, California Court of Appeal, Sixth District. Judgment entered October 22, 2013. * People v. Mark Andrew Zavala et al., No. S214895, California Supreme Court. Judgment entered February 11, 2014. * ~~ Mark Andrew Zavala, Scott Alan Hensley, and Jonathan David Rodriguez, No. 13-10181, U.S. Supreme Court. Judgment entered October 6, 2014. * Mark Zavala, AE8159 v. Mark Biter, Warden, No. C 15-2247 (CRB), U.S. District Court for Northern California. Judgment entered April 8, 2016. * In re Mark Andrew Zavala, No. CC813723, Superior Court of California for Santa Clara County. Judgment entered November 17, 2017. * In re Mark Andrew Zavala, No. H045449, California Court of Appeal, Sixth District. Judgment entered August 3, 2018. * In re Mark Andrew Zavala, No. 8250552, California Supreme Court. Judgment entered October 10, 2018. * Mark Zavala v. Kim Holland, Warden and Mark Biter, Warden, No. 16-15984, U.S. Court of Appeals for the Ninth Circuit. Judgment entered April 16, 2020. ii

Docket Entries

2020-12-07
Petition DENIED. Justice Breyer took no part in the consideration or decision of this petition.
2020-11-12
DISTRIBUTED for Conference of 12/4/2020.
2020-11-06
Waiver of right of respondent Kim Holland, Warden; Martin Biter, Warden, et al. to respond filed.
2020-10-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 7, 2020)

Attorneys

Kim Holland, Warden; Martin Biter, Warden
John H. DeistCalifornia Department of Justice, Respondent
John H. DeistCalifornia Department of Justice, Respondent
Mark Zavala
Randy Perry BakerRandy Baker, Attorney at Law, Petitioner
Randy Perry BakerRandy Baker, Attorney at Law, Petitioner