Did the Ninth Circuit take an inappropriately narrow view of what constitutes clearly established federal law in conflict with this Court's treatment of the issue in Panetti v. Quarterman and Lockyer v. Andrade?

QUESTION PRESENTED When the prosecutor got an adverse evidentiary ruling, he dismissed and refiled the same day in a different courthouse, ensuring that a different judge would preside. He ultimately got a more favorable ruling that allowed him to present dramatically more irrelevant, inflammatory evidence against Petitioner Jason Green. Numerous courts have recognized the unfairness of what happened. Superior Court Judge Lomeli found the prosecutor’s action “disturbing” if done to avoid an adverse ruling. (Pet. App. 191.) The California Court of Appeal expressed “skepticism” about the prosecutor’s purported valid reason for refiling the case in the Central District. (Pet. App. 29.) So, too, the federal magistrate judge found the prosecutor’s forum shopping “very troubling.” (Pet. App. 80.) Yet, the federal courts, including the Ninth Circuit, held that relief is precluded because no clearly established federal law addresses the exact unfairness of forum shopping. Did the Ninth Circuit take an inappropriately narrow view of what constitutes clearly established federal law in conflict with this Court’s treatment of the issue in Panetti v. Quarterman and Lockyer v. Andrade? i LIST OF PRIOR PROCEEDINGS United States Court of Appeals for the Ninth Circuit Jason Green v. Warren L. Montgomery, 21-56166, district-court denial affirmed on May 31, 20238. United States District Court for the Central District of California Jason Green v. Warren L. Montgomery, judgment entered on October 14, 2021. California Supreme Court People v. Jason Green, $238974, petition for review denied on February 15, 2017. Green (Jason) on H.C., S244607, petition denied on December 20, 2017. California Court of Appeal, Second Appellate District, division seven People v. Jason Green, B256776, conviction affirmed on November 15, 2016. In re Jason Green on Habeas Corpus, B269117, petition denied on November 15, 2016. Pursuant to Supreme Court Rule 12.4, the Petitioner files a single petition for writ of certiorari to the Ninth Circuit Court of Appeals to cover multiple judgments below. ii