No. 20-6822

Rodney Berryman, Sr. v. Ron Davis, Warden

Lower Court: Ninth Circuit
Docketed: 2021-01-11
Status: Denied
Type: IFP
IFP
Tags: 28-usc-2254 criminal-procedure federal-law habeas-corpus ineffective-assistance ineffective-assistance-of-counsel mental-illness mitigation-evidence neuro-psychiatric-testing
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2021-05-13
Question Presented (AI Summary)

Was the state court's denial of Petitioner's claims contrary to or an unreasonable application of clearly established federal law?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Was the state court’s denial of Petitioner’s claims in a written opinion and subsequent summary denial of the same claims in a habeas petition, alleging defense counsel’s failure to investigate, develop and present available evidence in mitigation at the penalty phase, contrary to or an unreasonable application of clearly established federal law as determined by the Supreme Court, or an unreasonable determination of the facts, within the meaning of 28 U.S.C. § 2254(d)? 2. Was the state court’s denial of Petitioner’s claims in a written opinion and subsequent summary denial of the same claims in a habeas petition, alleging defense counsel’s failures to obtain neuro-psychiatric testing requested by defense expert witnesses before trial and present that evidence at guilt and penalty including (a) Petitioner’s mental illness and (b) other available evidence in mitigation, contrary to or an unreasonable application of clearly established federal law as determined by the Supreme Court, or an unreasonable determination of the facts, within the meaning of 28 U.S.C. § 2254(d)? 1

Docket Entries

2021-05-17
Petition DENIED.
2021-04-28
DISTRIBUTED for Conference of 5/13/2021.
2021-04-27
Reply of petitioner Berryman filed. (Distributed)
2021-04-09
Brief of respondent Ron Davis, Warden in opposition filed.
2021-03-08
Motion to extend the time to file a response is granted and the time is further extended to and including April 12, 2021.
2021-03-05
Motion to extend the time to file a response from March 12, 2021 to April 12, 2021, submitted to The Clerk.
2021-02-03
Motion to extend the time to file a response is granted and the time is extended to and including March 12, 2021.
2021-02-02
Motion to extend the time to file a response from February 10, 2021 to March 12, 2021, submitted to The Clerk.
2020-12-31
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 10, 2021)

Attorneys

Berryman
Saor Eire StetlerLaw Offices of Saor E. Stetler, Petitioner
Saor Eire StetlerLaw Offices of Saor E. Stetler, Petitioner
Ron Davis, Warden
Brian R. MeansDepartment of Justice, Off. of the Attorney General, Respondent
Brian R. MeansDepartment of Justice, Off. of the Attorney General, Respondent