No. 24-5263

Pedro Rodriguez v. Officer Fisher

Lower Court: Ninth Circuit
Docketed: 2024-08-07
Status: Denied
Type: IFP
Response WaivedIFP
Tags: aedpa federal-courts federal-review habeas-corpus ninth-circuit rule-of-lenity state-court timeliness timeliness-rules
Key Terms:
AdministrativeLaw HabeasCorpus
Latest Conference: 2024-09-30
Question Presented (AI Summary)

Did the Ninth Circuit err in holding that the California Supreme Court's summary denial of a habeas petition as untimely is beyond review by federal courts, even when the petitioner argues that the state court's application of its timeliness rules was unreasonable and inconsistent?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Did the Ninth Circuit err in holding that the California Supreme Court's summary denial of a habeas petition as untimely is beyond review by federal courts, even when the petitioner argues that the state court's application of its timeliness rules was unreasonable and inconsistent? 2. Does the rule of lenity apply to state habeas corpus petitions under AEDPA when a petitioner argues that state procedural rules are applied in an arbitrary and capricious manner? -prefix

Docket Entries

2024-10-07
Petition DENIED.
2024-08-22
DISTRIBUTED for Conference of 9/30/2024.
2024-08-14
Waiver of Fisher of right to respond submitted.
2024-08-14
Waiver of right of respondent Fisher to respond filed.
2024-07-24
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 6, 2024)

Attorneys

Fisher
Christopher P. BeesleyOffice of the Atty. Gen. of the State of CA, Respondent
Pedro Rodriguez
David J. ZugmanBurcham & Zugman, Petitioner