No. 24-7036

Jose Padilla-Galarza v. United States

Lower Court: First Circuit
Docketed: 2025-04-21
Status: Denied
Type: IFP
Response WaivedIFP
Tags: brady-violation certificate-of-appealability due-process ineffective-assistance prosecutorial-misconduct strickland-standard
Key Terms:
DueProcess FifthAmendment HabeasCorpus
Latest Conference: 2025-05-29
Question Presented (AI Summary)

Whether the denial of a Certificate of Appealability (COA) by the First Circuit conflicts with Slack v. McDaniel and involves substantial constitutional violations

Question Presented (OCR Extract)

1. Whether the denial of a Certificate of Appealability (COA) by the First Circuit conflicts with Slack v. McDaniel , 529 U.S. 473 (2000), where petitioner made a substantial showing of constitutional violations involving ineffective assistance of appellate counsel, prosecutorial misconduct, and denial of an evidentiary hearing. 2. Whether appellate counsel’s misstatement of material facts, failure to challenge government perjury and Brady violations, and omission of meritorious claims constitutes constitutionally ineffective assistance under Strickland v. Washington , 466 U.S. 668 (1984). 3. Whether the government's knowing use of false testimony and late disclosure of impeachment evidence violated Napue v. Illinois , 360 U.S. 264 (1959), and Brady v. Maryland , 373 U.S. 83 (1963), denying the petitioner a fair trial. 4. Whether the district court’s failure to conduct an evidentiary hearing despite substantial factual disputes and documented inconsistencies in evidence handling contravenes Townsend v. Sain , 372 U.S. 293 (1963) and violates petitioner’s due process rights.

Docket Entries

2025-06-02
Petition DENIED.
2025-05-14
DISTRIBUTED for Conference of 5/29/2025.
2025-05-07
Waiver of United States of right to respond submitted.
2025-05-07
Waiver of right of respondent United States to respond filed.
2025-04-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 21, 2025)

Attorneys

Jose Padilla-Galarza
Rafael F. Castro LangRafael Castro Lang Law Office, Petitioner
United States
D. John SauerSolicitor General, Respondent