No. 21-7499

David Lopez Gonzales v. David Shinn, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al.

Lower Court: Ninth Circuit
Docketed: 2022-03-30
Status: Denied
Type: IFP
IFP
Tags: brady-v-maryland cullen-v-pinholster due-process exculpatory-evidence federal-habeas fifth-amendment habeas-corpus impeachment-evidence napue-v-illinois prosecutorial-misconduct
Key Terms:
Immigration
Latest Conference: 2022-05-26
Question Presented (AI Summary)

Does Cullen v Pinholster bar consideration of new evidence in federal habeas proceedings when the prosecutor presented false testimony to rebut the defense theory and refused to disclose exculpatory evidence?

Question Presented (OCR Extract)

QUESTIONS PRESENTED : Does Cullen v Pinholster $63 uss, 170, 18! Gold bar consideration of new , evidenca in Federal habeas proceedings , when in a Case like ming, | the prosecutor presented false Testimony to rebut the defense | theory of the case and the 4rothsu\ testimony I gave on the tang and refused te disclose the exculpatory and impeachment evidence | that would prove that testimony was false? . | | 2 Does Cullen v Pinholster relieve the state of its affirmahve | duty to disclose exel patory oc impeachment evidence. | 3. Is Brady, after Praholster, still clearly established law for the _ pucpose of Federal Habeas proceedings ; -. ds Napue v. Tlineis pact of the Brady linge of cases where the , Knowledge of the invest gating agency (including the police). acting. 00. the governments behalf imputed to the prosecution ” . as the Knowledge of the detective imputed to the prosewtor . for the purpose of @ Napue Claim? ea . S. TF the State cefuses te meat its afficmatve duty te disclose . . exculpatory and impeachment evidence Cana petitreaer fely on the Fed. R. Gv. P. governing Request for Admissions to _ 2 establish his Brady aod Napve Claim 0 6. Under tna due process vissse of the fifth and fourdternth | amendment, as well as, the sixth amendment clear note | and compulsory Clause does an alibi, if proven, Prove a | defendants innocence of the Crime charged.

Docket Entries

2022-05-31
Petition DENIED.
2022-05-11
DISTRIBUTED for Conference of 5/26/2022.
2022-02-09
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 29, 2022)

Attorneys

David Lopez Gonzales
David Lopez Gonzales — Petitioner