No. 21-5971

Adrian Torres v. Warren Montgomery, Warden

Lower Court: Ninth Circuit
Docketed: 2021-10-14
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: constitutional-rights criminal-trial cumulative-error doyle-error due-process evidence-exclusion ineffective-assistance prosecutorial-misconduct ptsd right-to-present-defense
Latest Conference: 2021-11-05
Question Presented (from Petition)

I. Did Trial Counsel Render Ineffective Assistance by Failing to Investigate and Present a PTSD Expert?; Was an Evidentiary Hearing Was Required?

II. Although Torres Never Talked to the Police, Did the Prosecutor Commit Misconduct by Arguing That Torres Testified Inconsistently with What He Told the Police?

III. By Excluding Evidence That an Accuser Subsequently Possessed a Gun, Did the Trial Court Deprived Torres His Right to Present a Defense?

IV. Did the the Cumulative Effect of the Errors Deny Torres Due Process?

Question Presented (AI Summary)

Whether trial counsel rendered ineffective assistance by failing to investigate and present a PTSD expert; whether the prosecutor committed misconduct by falsely arguing that the defendant testified inconsistently with what he told the police; whether the trial court deprived the defendant of his right to present a complete defense by excluding evidence that an accuser subsequently possessed a gun; whether the cumulative effect of the errors denied the defendant due process

Docket Entries

2021-11-08
Petition DENIED.
2021-10-21
DISTRIBUTED for Conference of 11/5/2021.
2021-10-15
Waiver of right of respondent Warren Montgomery to respond filed.
2021-10-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 15, 2021)

Attorneys

Adrian Torres
Rose Fay ArfaFay Arfa, A Law Corporation, Petitioner
Warren Montgomery
Jill M. ThayerCalifornia Attorney General's Office, Respondent