No. 22-5010

Tedroy Davis v. Jeffrey A. Beard, Warden

Lower Court: Ninth Circuit
Docketed: 2022-06-30
Status: Denied
Type: IFP
Response WaivedIFP
Tags: certificate-of-appealability constitutional-rights doyle-error doyle-v-ohio due-process ineffective-assistance ineffective-assistance-of-counsel miranda-rights ninth-circuit post-miranda-silence
Key Terms:
DueProcess FifthAmendment CriminalProcedure HabeasCorpus
Latest Conference: 2022-09-28
Question Presented (AI Summary)

Did the Ninth Circuit misapply the standard for the issuance of a certificate of appealability (COA)

Question Presented (OCR Extract)

QUESTIONS PRESENTED Did the Ninth Circuit misapply the standard for the issuance of a certificate of appealability (COA) articulated by this Court in cases such as Buck v. Davis, 1387 8. Ct. 759 (2017), Miller-El v. Cockrell, 537 U.S. 322 (2003), and Slack v. McDaniel, 529 U.S. 473 (2000), in denying Petitioner’s request for a COA when the prosecutor continually referenced Petitioner’s post-Miranda silence constituting Doyle v. Ohio, 426 U.S. 610 (1976) error, the trial court failed to correct the error, and defense counsel acted ineffectively for failing to object, where Petitioner made a substantial showing that he was denied his constitutional rights? i LIST OF PRIOR PROCEEDINGS Pursuant to Supreme Court Rule 12.4, the Petitioners listed below file a single petition of writ of certiorari to the Ninth Circuit Court of Appeals to cover multiple judgments below. ii

Docket Entries

2022-10-03
Petition DENIED.
2022-07-21
DISTRIBUTED for Conference of 9/28/2022.
2022-07-15
Waiver of right of respondent Jeffrey Beard, Warden to respond filed.
2022-06-27
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 1, 2022)

Attorneys

Jeffrey Beard, Warden
Stephanie BrenanCalifornia Department of Justice - Office of the A, Respondent
Stephanie BrenanCalifornia Department of Justice - Office of the A, Respondent
Tedroy Davis
Ashley Sayeh MahmoudianFederal Public Defender, Petitioner
Ashley Sayeh MahmoudianFederal Public Defender, Petitioner