No. 21-6593

Murray Hooper v. David Shinn, Director, Arizona Department of Corrections, Rehabilitation and Reentry

Lower Court: Ninth Circuit
Docketed: 2021-12-15
Status: Denied
Type: IFP
IFP Experienced Counsel
Tags: 28-usc-2254 clearly-established clearly-established-law evidence-suppression federal-law greene-v-fisher habeas-corpus prosecutorial-misconduct state-court supreme-court-review united-states-v-bagley witness-testimony
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2022-03-18
Question Presented (AI Summary)

Whether the state court decision by which 'clearly established federal law' is measured is rendered when the state court issues its mandate

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Whether this Court should clarify its holding in Greene v. Fisher, 565 U.S. 34, 38 (2011), to reflect that the state court decision by which “clearly established federal law” is measured within the meaning of 28 U.S.C. § 2254(d)(1) is not “rendered” until the state court issues its mandate, which in this case, would result in this Court’s intervening decision in United States v. Bagley, 473 U.S. 667 (1985), being clearly established federal law when the Arizona Supreme Court “rendered its decision” in petitioner’s case. 2. Whether the prosecution’s suppression of evidence regarding significant and unusual financial benefits and other repeated favors for a key witness—when there was a specific request for such evidence, the verdict was already of questionable validity, eye witness testimony was of questionable reliability, and the investigation and trial was otherwise littered with prosecutorial misconduct—is sufficient to undermine confidence in the outcome of petitioner’s trial under Bagley. @

Docket Entries

2022-03-21
Petition DENIED.
2022-03-15
Reply of petitioner Murray Hooper filed. (Distributed)
2022-03-03
DISTRIBUTED for Conference of 3/18/2022.
2022-02-14
Brief of respondent David Shinn in opposition filed.
2022-01-05
Motion to extend the time to file a response is granted and the time is extended to and including February 14, 2022.
2022-01-04
Motion to extend the time to file a response from January 14, 2022 to February 14, 2022, submitted to The Clerk.
2021-12-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 14, 2022)

Attorneys

David Shinn
Jeffrey Lee SparksArizona Attorney General, Respondent
Murray Hooper
Jean-Claude AndreBryan Cave Leighton Paisner, Petitioner