No. 20-7295

Isidro Sauceda v. David Shinn, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al.

Lower Court: Ninth Circuit
Docketed: 2021-03-02
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: appealability-standard certificate-of-appealability constitutional-rights exculpatory-evidence factual-innocence ineffective-counsel lesser-included-offense ninth-circuit reasonable-jurists willits-instruction
Key Terms:
HabeasCorpus
Latest Conference: 2021-06-10 (distributed 2 times)
Question Presented (AI Summary)

Whether the Ninth Circuit utilized an unduly burdensome certificate-of-appealability standard that contravenes Supreme-Court-precedent

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW I. Whether Review Is Warranted Because The Ninth Circuit Utilized An Unduly Burdensome Certificate Of Appealability Standard That Contravenes This Court And Ninth Circuit Precedent In Refusing To Issue A Certificate Of Appealability. Even Though Reasonable Jurists Could Debate That Petitioner Was Denied His Constitutional Rights Where Petitioner’s Trial Counsel Admitted That He Failed To Object To The Lack Of A Lesser-Included Offense Instruction? II. Whether Review Is Warranted Because The Ninth Circuit Utilized An Unduly Burdensome Certificate Of Appealability Standard That Contravenes This Court’s, and Ninth Circuit Precedent, On The Denial Of A Certificate Of Appealability, Even Though Reasonable Jurists Could Debate That Petitioner Was Denied His Constitutional Rights Where His Trial Counsel Failed To Object To The Lack Of A Willits Instruction Allowing The Jury To Make A Negative Inference Against The State? Il. Whether Review Is Warranted Because The Ninth Circuit Utilized An Unduly Burdensome Certificate Of Appealability Standard Which Contravenes Unanimous Precedent In Denying A Certificate Of Appealability, Even Though Reasonable Jurists Could Debate That Petitioner Was Denied His Constitutional Rights When His Trial Counsel Failed To Duly Investigate Exculpatory Evidence And Witnesses? IV. Whether Review Is Warranted Because The Ninth Circuit Imposed An Unduly Burdensome Certificate Of Appealability Standard In Denying A Certificate Of Appealability, Which i Contravenes This Court’s Precedent, Even Though Reasonable Jurists Could Debate Whether Petitioner Was Factually Innocent? il

Docket Entries

2021-06-14
Rehearing DENIED.
2021-05-25
DISTRIBUTED for Conference of 6/10/2021.
2021-05-14
Petition for Rehearing filed.
2021-04-19
Petition DENIED.
2021-03-25
DISTRIBUTED for Conference of 4/16/2021.
2021-03-08
Waiver of right of respondent David Shinn, Director, Arizona Department of Corrections, et al. to respond filed.
2021-02-22
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 1, 2021)

Attorneys

David Shinn, Director, Arizona Department of Corrections, et al.
J. D. NielsenArizona Attorney General's Office, Respondent
J. D. NielsenArizona Attorney General's Office, Respondent
Isidro Sauceda
Sandra Lynn SlatonHorne Slaton, PLLC, Petitioner
Sandra Lynn SlatonHorne Slaton, PLLC, Petitioner