No. 21-5582

Marlon Darrel Evans v. Amy Miller, Warden

Lower Court: Ninth Circuit
Docketed: 2021-09-07
Status: Denied
Type: IFP
Response WaivedIFP
Tags: aedpa aedpa-review due-process eyewitness-identification habeas-corpus ineffective-assistance ineffective-assistance-of-counsel ninth-circuit strickland-standard strickland-v-washington
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2021-10-08
Question Presented (AI Summary)

Whether the state court unreasonably applied SCOTUS precedents in concluding that trial counsel was not ineffective for failing to challenge an eyewitness identification as unreliably suggestive

Question Presented (OCR Extract)

QUESTION PRESENTED The question presented is whether the state court unreasonably applied this Court’s precedents when it concluded that Evans’s trial counsel was not constitutionally ineffective for failing to challenge the sole testifying eyewitness’s identification as unreliably suggestive, after acknowledging the entire case hinged on identification. 1

Docket Entries

2021-10-12
Petition DENIED.
2021-09-16
DISTRIBUTED for Conference of 10/8/2021.
2021-09-09
Waiver of right of respondent Amy Miller to respond filed.
2021-09-01
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 7, 2021)

Attorneys

Amy Miller
Kimara A. Aarons — Respondent
Kimara A. Aarons — Respondent
Marlon Evans
Michael Lawrence ParenteFederal Public Defender, Petitioner
Michael Lawrence ParenteFederal Public Defender, Petitioner