No. 24-5154

Joel Jacobo Sanchez v. Brandon Kelly

Lower Court: Ninth Circuit
Docketed: 2024-07-26
Status: Denied
Type: IFP
Response WaivedIFP
Tags: aggravated-murder aiding-and-abetting burden-of-proof due-process ineffective-assistance ineffective-assistance-of-counsel intent-standard jury-instruction natural-probable-consequences post-conviction-relief
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2024-09-30
Question Presented (AI Summary)

Was petitioner's post-conviction counsel ineffective for not arguing that petitioner's trial counsel failed object to a 'natural and probable consequences' jury instruction issued during his state aggravated murder trial, thereby allowing an unfair reduction of the prosecution's burden to prove beyond a reasonable doubt that petitioner had intended to aid and abet the murders of which he was accused?

Question Presented (from Petition)

QUESTION PRESENTED FOR REVIEW Was petitioner’s post-conviction counsel ineffective for not arguing that petitioner’s trial counsel failed object to a “natural and probable consequences” jury instruction issued during his state aggravated murder trial, thereby allowing an unfair reduction of the prosecution’s burden to prove beyond a reasonable doubt that petitioner had intended to aid and abet the murders of which he was accused?

Docket Entries

2024-10-07
Petition DENIED.
2024-08-29
DISTRIBUTED for Conference of 9/30/2024.
2024-08-22
Waiver of Brandon Kelly of right to respond submitted.
2024-08-22
Waiver of right of respondent Brandon Kelly to respond filed.
2024-07-22
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 26, 2024)

Attorneys

Brandon Kelly
Benjamin Noah GutmanOregon Department of Justice, Respondent
Benjamin Noah GutmanOregon Department of Justice, Respondent
Joel Jacobo Sanchez
Bear Wilner-NugentBear Wilner-Nugent, Counselor and Attorney at Law , Petitioner
Bear Wilner-NugentBear Wilner-Nugent, Counselor and Attorney at Law , Petitioner