No. 20-7700

Robert Ibarra v. W. L. Montgomery, Acting Warden

Lower Court: Ninth Circuit
Docketed: 2021-04-09
Status: Denied
Type: IFP
Response WaivedIFP
Tags: co-defendant-statements co-perpetrator-statements confrontation-clause constitutional-rights criminal-procedure criminal-trial due-process evidence-exclusion first-degree-murder hearsay right-to-defense right-to-present-defense
Latest Conference: 2021-05-20
Question Presented (from Petition)

Does the exclusion of statements by a co-perpetrator that he was solely responsible for the charged murder and the defendant was innocent, including the statement in open court that "I'm guilty of the murder and [defendant] is not," violate the defendant's federal constitutional right to present a defense at trial?

Question Presented (AI Summary)

Does the exclusion of statements by a co-perpetrator that he was solely responsible for the charged murder and the defendant was innocent violate the defendant's federal constitutional right to present a defense at trial?

Docket Entries

2021-05-24
Petition DENIED.
2021-05-05
DISTRIBUTED for Conference of 5/20/2021.
2021-04-28
Waiver of right of respondent W.L. Montgomery to respond filed.
2021-04-06
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 10, 2021)

Attorneys

Robert Ibarra
Mark R. DrozdowskiOffice of the Federal Public Defend, Petitioner
W.L. Montgomery
Xiomara Costello — Respondent