No. 21-7778

Lester Ochoa v. Ron Davis, Warden

Lower Court: Ninth Circuit
Docketed: 2022-05-04
Status: Denied
Type: IFP
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
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
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 3, 2022)

Attorneys

Lester Ochoa
James S. BisnowLaw Offices of James Bisnow, Petitioner
Ron Davis, Warden
A. Scott HaywardAttorney General's Office, Respondent