Raul Otero Cazares v. Jason Johnson, Director, Division of Adult Parole Operations, California Department of Corrections and Rehabilitation
HabeasCorpus
Whether the lower courts erred by holding that any imagined reason for counsel's conduct rendered said conduct beyond review, even on de novo review and under a permissive COA standard
Petitioner Raul Otero Cazares was convicted of the rape of his long -time domestic partner (“Doe”) in a trial where they told very different stories regarding the nature of their relationship , and their financial arrangements were central to both parties’ cases. Nevertheless, the record reflects that Cazares’s trial counsel was unreasonably unprepared to address several check s Doe wrote to Cazares during their relationship , leaving Cazares so blindsided by them that he professed that he was “having a hard time believing [him]self ” on cross examination . On habeas review, Cazares alleged ineffective assistance of counsel. Despite reviewing the claim de novo, the District Court denied the claim and denied a certificate of appealability (“COA”) on the grounds that “any possible reason” for counsel’s conduct insulated that conduct from review. The Ninth Circuit likewise denied a COA. The question presented is thus whether the lower courts erred as a matter of federal law by holding, counter to this Court’s precedent , that any imagined reason for counsel’s conduct rendered said conduct so far beyond review that no reasonable jurist could disagree as to the District C ourt’s resolution of Cazares’s claim, even on de novo review and in light of the permissive standard for receiving a COA ?