No. 21-7546

Ronald Scott Eddington v. Josh Tewalt, Director, Idaho Department of Correction

Lower Court: Ninth Circuit
Docketed: 2022-04-05
Status: Denied
Type: IFP
Response WaivedIFP
Tags: certificate-of-appealability due-process federal-habeas-review habeas-corpus ineffective-assistance-of-counsel strickland-standard strickland-v-washington supreme-court-precedent united-states-v-decoster wilson-v-sellers
Key Terms:
HabeasCorpus
Latest Conference: 2022-05-19
Question Presented (AI Summary)

Should the Ninth Circuit or the Federal District Court of Idaho have issued a COA on Petitioner's claims

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW 1. Should the Ninth Circuit or the Federal District Court of Idaho have issued a COA on Petitioner’s claims based on the evidence that Idaho courts consistently apply obsolete and unconstitutional case law from United States v. DeCoster, 159 U.S. App. D.C. 326, 487 F.2d 1197, 1201 (1973) to ineffective assistance of counsel claims which is in conflict with and contrary to the governing legal rules set out in Strickland v. Washington, 466 U.S. 668 (1984)? 2. In denying Petitioner a COA, as well as relief, can the Federal District Court of Idaho, on | its own, and contrary to Wilson v. Sellers, 138 S. Ct. 1191-92 (2018), inject Idaho state law, not referenced by the Idaho state courts, into its decision? Is it proper for the Idaho federal court to try and come up with any rationale that could have supported the state courts decisions, or must it follow Supreme Court precedent and accede to the specific | reasons given by the state courts? | | 3. Did the Ninth Circuit utilize the appropriate standard for denying Petitioner’s request for a COA in accord with this Court’s precedent? | ; | | | | |

Docket Entries

2022-05-23
Petition DENIED.
2022-05-04
DISTRIBUTED for Conference of 5/19/2022.
2022-04-27
Waiver of right of respondent Tosh Tewalt to respond filed.
2022-04-01
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 5, 2022)

Attorneys

Ronald S. Eddington
Ronald Scott Eddington — Petitioner
Tosh Tewalt
L. LaMont AndersonIdaho Attorney General's Office, Respondent