No. 23-155

Isaac Luna Ashton v. Rick Whitten, Warden

Lower Court: Tenth Circuit
Docketed: 2023-08-17
Status: Denied
Type: Paid
Experienced Counsel
Tags: aedpa certificate-of-appealability court-of-appeals district-court evidentiary-hearing habeas-corpus ineffective-assistance ineffective-assistance-of-counsel tenth-circuit
Key Terms:
FifthAmendment HabeasCorpus Punishment
Latest Conference: 2023-10-27
Question Presented (AI Summary)

Whether the United States District Court erred in denying a Certificate of Appealability

Question Presented (from Petition)

QUESTIONS PRESENTED FOR REVIEW Whether the United States District Court For the Northern District of Oklahoma erred in denying Petitioner Ashton a Certificate of Appealability when it found that Petitioner Ashton’s ineffective assistance of counsel claims lacked merit? Whether the United States District Court For the Northern District of Oklahoma erred in denying a Certificate of Appealability when it found that Petitioner Ashton failed to satisfy the burden of persuasion for his ineffective assistance of counsel under the AEDPA? Whether the United States District Court For the Northern District of Oklahoma erred in denying Petitioner Ashton an evidentiary hearing for his claims? Whether the Court of Appeals for the Tenth Circuit erred in denying Petitioner Ashton a Certificate of Appealability when it affirmed the District Court’s recommendation?

Docket Entries

2023-10-30
Petition DENIED.
2023-10-04
DISTRIBUTED for Conference of 10/27/2023.
2023-08-11
Petition for a writ of certiorari filed. (Response due September 18, 2023)
2023-06-21
Application (22A1099) granted by Justice Gorsuch extending the time to file until August 14, 2023.
2023-06-16
Application (22A1099) to extend the time to file a petition for a writ of certiorari from July 13, 2023 to September 11, 2023, submitted to Justice Gorsuch.

Attorneys

Isaac Luna Ashton
Robert L. Sirianni Jr.Brownstone, P.A., Petitioner
Robert L. Sirianni Jr.Brownstone, P.A., Petitioner