No. 20-7952

Pablo Bastidas v. Matthew Atchley, Warden

Lower Court: Ninth Circuit
Docketed: 2021-05-07
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 28-usc-2254(d) alibi-defense certificate-of-appealability constitutional-claim due-process habeas habeas-corpus ineffective-assistance-of-counsel ninth-circuit prejudice
Key Terms:
HabeasCorpus
Latest Conference: 2021-06-10
Question Presented (AI Summary)

Whether the Ninth Circuit's denial of a certificate of appealability on the petitioner's ineffective-assistance-of-counsel claim is contrary to this Court's jurisprudence

Question Presented (OCR Extract)

QUESTION PRESENTED This Court has repeatedly held that to receive a certificate of appealability (COA), a habeas petitioner need only show that “jurists of reason could disagree with the district court’s resolution of his constitutional claims or that jurists could conclude the issues presented are adequate to deserve encouragement to proceed further.” Buck v. Davis, 1387 S. Ct. 759, 773 (2017). Before the Ninth Circuit Court of Appeals, Bastidas argued that his lawyer unreasonably failed to investigate and present an alibi defense at his robbery trial, and that trial counsel’s failure prejudiced him. He supported each element of his claim with unrefuted evidence, and also demonstrated that 28 U.S.C. § 2254(d) did not bar relief on his claim. And yet the Ninth Circuit denied him a COA. Is the Ninth Circuit’s denial of a COA on Bastidas’s ineffective assistance of counsel claim contrary to this Court’s jurisprudence? 1

Docket Entries

2021-06-14
Petition DENIED.
2021-05-26
DISTRIBUTED for Conference of 6/10/2021.
2021-05-21
Waiver of right of respondent Matthew Atchley to respond filed.
2021-05-05
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 7, 2021)

Attorneys

Matthew Atchley
Kimara A. Aarons — Respondent
Kimara A. Aarons — Respondent
Pablo Bastidas
Michael David WeinsteinFederal Public Defender's Office, Petitioner
Michael David WeinsteinFederal Public Defender's Office, Petitioner