No. 21-7778
Lester Ochoa v. Ron Davis, Warden
IFP
Tags: capital-punishment cruel-and-unusual-punishment cullen-v-pinholster eighth-amendment family-sympathy jury-instructions mitigation mitigation-evidence
Key Terms:
DueProcess Punishment HabeasCorpus
DueProcess Punishment HabeasCorpus
Latest Conference:
2022-09-28
Question Presented (AI Summary)
Whether a State court may prohibit jurors from considering sympathy for a defendant's family in the penalty phase of a capital case as mitigation
Question Presented (OCR Extract)
QUESTION PRESENTED Whether a State court may, consistent with the Right Against Cruel and Unusual Punishment guaranteed by the Eighth Amendment, prohibit jurors from considering sympathy for a defendant’s family in the penalty phase of a capital case as mitigation, especially in light of this Court’s holding in Cullen v. Pinholster 563 U.S. 170, 193-194 (2011), approving the “family sympathy defense” as a competent defense penalty strategy? i
Docket Entries
2022-10-03
Petition DENIED.
2022-07-14
DISTRIBUTED for Conference of 9/28/2022.
2022-07-08
Reply of petitioner Lester Ochoa filed.
2022-06-28
Brief of respondent Ron Davis, Warden in opposition filed.
2022-05-12
Motion to extend the time to file a response is granted and the time is extended to and including July 5, 2022. See Rule 30.1.
2022-05-11
Motion to extend the time to file a response from June 3, 2022 to July 3, 2022, submitted to The Clerk.
2022-04-28
Attorneys
Lester Ochoa
James S. Bisnow — Law Offices of James Bisnow, Petitioner
Ron Davis, Warden
A. Scott Hayward — Attorney General's Office, Respondent