No. 23-5689

Philip Jones v. Charles Schuyler, Acting Warden

Lower Court: Ninth Circuit
Docketed: 2023-10-02
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: appellate-review certificate-of-appealability criminal-procedure habeas-corpus ineffective-assistance-of-counsel miller-el-v-cockrell ninth-circuit slack-v-mcdaniel
Key Terms:
HabeasCorpus
Latest Conference: 2023-10-27 (distributed 2 times)
Question Presented (AI Summary)

Did the Ninth Circuit's refusal to issue a certificate of appealability for Jones's ineffective assistance of counsel claim conflict with this Court's decisions in Slack v. McDaniel and Miller-El v. Cockrell?

Question Presented (OCR Extract)

QUESTION PRESENTED Did the Ninth Circuit’s refusal to issue a certificate of appealability for Jones’s ineffective assistance of counsel claim conflict with this Court’s decisions in Slack v. McDaniel, 529 U.S. 473 (2000), and Miller-El v. Cockrell, 537 U.S. 322 (2003)? ii PARTIES AND LIST OF PRIOR PROCEEDINGS The parties to this proceeding are Petitioner Philip Jones and Respondent Charles Schuyler, now the Acting Warden of Salinas Valley State Prison in Soledad, California, where Jones is currently housed.! The California Attorney General Represents Respondent. Jones was convicted in Los Angeles County Superior Court following a jury trial on February 15, 2011. The California Court of Appeal modified Jones’s sentence to 41 years to life but otherwise affirmed Jones’s conviction in People v. Jones, No. B233106, 2012 WL 3094076 (Cal. Ct. App. 2012) on July 31, 2012. Petitioner’s

Docket Entries

2023-10-30
Petition DENIED.
2023-10-12
DISTRIBUTED for Conference of 10/27/2023.
2023-10-09
Waiver of right of respondent Charles Schuyler, et al. to respond filed.
2023-10-02
Motion (23M20) for leave to file a petition for a writ of certiorari with the supplemental appendix under seal Granted.
2023-08-16
MOTION (23M20) DISTRIBUTED for Conference of 9/26/2023.
2023-08-10
Motion (23M20) for leave to file a petition for a writ of certiorari with the supplemental appendix under seal filed.
2023-08-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 1, 2023)

Attorneys

Charles Schuyler, et al.
William Hyunmin ShinCalifornia Department of Justice, Respondent
William Hyunmin ShinCalifornia Department of Justice, Respondent
Philip Jones
Devon Lashae HeinOffice of the Federal Public Defender, Petitioner
Devon Lashae HeinOffice of the Federal Public Defender, Petitioner