No. 23-6022

Kevin Liu v. Marcus Pollard, Warden

Lower Court: Ninth Circuit
Docketed: 2023-11-15
Status: Denied
Type: IFP
Response WaivedIFP
Tags: choice-of-counsel constitutional-claim federal-constitutional-claim habeas-corpus ineffective-assistance-of-counsel procedural-default right-to-counsel state-law state-procedural-bar
Key Terms:
HabeasCorpus
Latest Conference: 2023-12-08
Question Presented (AI Summary)

Is the Ninth Circuit's decision contrary to this Court's decision in Martin v. Walker?

Question Presented (from Petition)

QUESTION PRESENTED Kevin Liu appeals from the Ninth Circuit Court of Appeals decision affirming the dismissal of his extra record federal constitutional claim on habeas corpus as procedurally defaulted. Under state law, Liu was required to raise extra record claims by way of habeas corpus. However, the state court dismissed the claim as defaulted because he had not raised it on direct appeal. The question presented is: Is the Ninth Circuit’s decision contrary to this Court’s decision in Martin v. Walker because it affirmed the district court order dismissing Liu’s federal constitutional claim as procedurally defaulted even though the state court had unforseeably applied a procedural bar in a manner that was contrary to state law?

Docket Entries

2023-12-11
Petition DENIED.
2023-11-22
DISTRIBUTED for Conference of 12/8/2023.
2023-11-20
Waiver of right of respondent Marcus Pollard to respond filed.
2023-11-08
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 15, 2023)

Attorneys

Kevin Liu
Stephanie AdraktasLaw Office of Stephanie Ardraktas, Petitioner
Stephanie AdraktasLaw Office of Stephanie Ardraktas, Petitioner
Marcus Pollard
David E. MadeoCalifornia Dept. of Justice, Respondent
David E. MadeoCalifornia Dept. of Justice, Respondent