No. 21-6954

Robert Jurado v. Ronald Davis, Warden

Lower Court: Ninth Circuit
Docketed: 2022-01-25
Status: Denied
Type: IFP
IFP
Tags: 14th-amendment 8th-amendment capital-punishment confession-evidence constitutional-amendments double-jeopardy mitigating-evidence ninth-circuit-review penalty-phase plea-bargaining skipper-standard
Key Terms:
FifthAmendment HabeasCorpus JusticiabilityDoctri
Latest Conference: 2022-04-22
Question Presented (AI Summary)

Did the Ninth Circuit err in concluding that the California Supreme Court did not unreasonably apply federal law or unreasonably determine facts

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Did the Ninth Circuit err in concluding that the California Supreme Court did not unreasonably apply federal law or unreasonably determine facts in denying petitioner’s claim that the exclusion during the penalty phase of his videotaped confession during police interrogation hours after the homicide — as evidence in mitigation showing acceptance of responsibility and petitioner’s youthful humanity — was contrary to and an unreasonable application of Skipper v. South Carolina, 476 U.S. 1 (1986) and Green v. Georgia, 442 U.S. 95 (1979) (U.S. Const., 8th & 14th Amends.)? 2. Did the Ninth Circuit err in concluding that the California Supreme Court did not unreasonably apply federal law or unreasonably determine facts in denying petitioner’s claim that his plea of guilty to all charges after dismissal of the special circumstance allegation barred subsequent prosecution for capital murder as a violation of the Double Jeopardy Clause and Ohio v. Johnson, 467 U.S. 493 (1984) (U.S. Const., 5th & 14th Amends.)? ///

Docket Entries

2022-04-25
Petition DENIED.
2022-04-07
DISTRIBUTED for Conference of 4/22/2022.
2022-03-31
Reply of petitioner Robert Jurado filed.
2022-03-23
Brief of respondent Ronald Davis in opposition filed.
2022-02-17
Motion to extend the time to file a response is granted and the time is extended to and including March 28, 2022. See Rule 30.1.
2022-02-16
Motion to extend the time to file a response from February 24, 2022 to March 26, 2022, submitted to The Clerk.
2022-01-20
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 24, 2022)

Attorneys

Robert Jurado
Stephen Michael LathropLaw Offices of Lathrop & Villa, Petitioner
Stephen Michael LathropLaw Offices of Lathrop & Villa, Petitioner
Ronald Davis
Marvin Eugene MizellCalifornia Dept. of Justice, Office of the Atty. G, Respondent
Marvin Eugene MizellCalifornia Dept. of Justice, Office of the Atty. G, Respondent