No. 20-7353

Fivea Sharipoff v. Rob Persson, Superintendent, Coffee Creek Correctional Institution

Lower Court: Ninth Circuit
Docketed: 2021-03-08
Status: Denied
Type: IFP
IFP
Tags: collateral-review constitutional-rights criminal-trial due-process evidence habeas-corpus jury meaningful-defense non-unanimous-jury retroactivity sixth-amendment
Key Terms:
DueProcess HabeasCorpus JusticiabilityDoctri
Latest Conference: 2021-05-27
Question Presented (AI Summary)

Whether the trial court violated the petitioner's right to present a complete defense

Question Presented (OCR Extract)

QUESTIONS PRESENTED I Whether, in a case where the jury question was whether Petitioner acted with extreme indifference to the value of human life when she made a driving error, the trial court violated Petitioner’s right to a meaningful opportunity to present a complete defense by excluding evidence that others also made the same driving error. Il. Whether the rule of Ramos v. Louisiana, holding that a non-unanimous jury requirement violates the Sixth and Fourteenth Amendments to the United States Constitution, applies retroactively to cases on collateral review. This question will be decided in Edwards v. Vannoy, No. 18-31095.

Docket Entries

2021-06-01
Petition DENIED.
2021-05-12
DISTRIBUTED for Conference of 5/27/2021.
2021-04-23
Brief of respondent Rob Persson in opposition filed.
2021-03-17
Motion to extend the time to file a response is granted and the time is extended to and including May 24, 2021.
2021-03-16
Motion to extend the time to file a response from April 7, 2021 to May 24, 2021, submitted to The Clerk.
2021-03-03
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 7, 2021)

Attorneys

Fivea Sharipoff
Nell I. BrownOffice of the Federal Public Defender, District of Oregon, Petitioner
Nell I. BrownOffice of the Federal Public Defender, District of Oregon, Petitioner
Rob Persson
Benjamin Noah GutmanOregon Department of Justice, Respondent
Benjamin Noah GutmanOregon Department of Justice, Respondent