No. 20-7469

Joaquin Hernandez-Ayala v. Rene Baker, Warden, et al.

Lower Court: Ninth Circuit
Docketed: 2021-03-16
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: cause-and-prejudice certificate-of-appealability habeas-corpus impeachment ineffective-assistance ineffective-assistance-of-counsel martinez-v-ryan ninth-circuit procedural-default
Key Terms:
HabeasCorpus
Latest Conference: 2021-04-16
Question Presented (AI Summary)

Whether the Ninth Circuit clearly erred in denying Hernandez-Ayala's request for a certificate of appealability

Question Presented (OCR Extract)

QUESTION PRESENTED Whether the Ninth Circuit clearly erred in denying Hernandez-Ayala’s request for a certificate of appealability because reasonable jurists would find it debatable whether Hernandez-Ayala could show cause and prejudice under Martinez v. Ryan to overcome the procedural default on the claim that trial counsel was ineffective for failing to investigate and discover critical impeachment against one of the State’s primary witnesses? i

Docket Entries

2021-04-19
Petition DENIED.
2021-04-01
DISTRIBUTED for Conference of 4/16/2021.
2021-03-24
Waiver of right of respondent Rene Baker, et al. to respond filed.
2021-03-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 15, 2021)

Attorneys

Joaquin Hernandez-Ayala
Jonathan Michael KirshbaumLaw Offices of the Federal Public Defender, Petitioner
Jonathan Michael KirshbaumLaw Offices of the Federal Public Defender, Petitioner
Rene Baker, et al.
Heather Diane Procter — Respondent
Heather Diane Procter — Respondent