No. 24-816

Phillip Joshua Yellin v. United States

Lower Court: Ninth Circuit
Docketed: 2025-01-31
Status: Denied
Type: Paid
Response Waived
Tags: actual-innocence certificate-of-appealability credibility-determination habeas-corpus judicial-review ninth-circuit
Key Terms:
DueProcess FifthAmendment HabeasCorpus
Latest Conference: 2025-02-28
Question Presented (AI Summary)

Did the Ninth Circuit ignore the Supreme Court's established process for issuing a Certificate of Appealability by refusing to issue a COA based on Yellin's actual innocence evidence?

Question Presented (OCR Extract)

by Mr. Yellin is: 1. Did the Ninth Circuit ignore the process, reemphasized by this Court in Buck v. Davis3 and Miller-El, when it refused to issue a COA compelled by Yellin’s highly specific, corroborated actual innocence evidence, thereby arbitrarily demanding of him a more onerous showing than that long ago established by this Court in Schlup?4 In Blackledge v. Allison , 431 U.S. 63, 82 n.25 (1977), this Court warned lower courts that in habeas petitions 1. Miller-El v. Cockrell , 537 U. S. 322, 336 (2003). 2. Certificate of Appealability. 3 Buck v. Davis, 580 U.S. 100, 115 (2017). 4. Schlup v. Delo, 513 U.S. 298 (1995). ii – “[w]hen the issue is one of credibility, resolution on the basis of affidavits can rarely be conclusive.” Therefore, the second question presented by Yellin is: 2. Given that this Court in Blackledge specifically warned lower courts against making a credibility “resolution on the basis of affidavits”did the Ninth Circuit sanction a violation of Blackledge by approving a district court’s improper credibility determinations on Yellin’s uncontradicted habeas declarations alone?

Docket Entries

2025-03-03
Petition DENIED.
2025-02-12
DISTRIBUTED for Conference of 2/28/2025.
2025-02-06
Waiver of United States of right to respond submitted.
2025-02-06
Waiver of right of respondent United States to respond filed.
2025-01-28
Petition for a writ of certiorari filed. (Response due March 3, 2025)

Attorneys

Phillip Yellin
Ezekiel E. CortezLaw Offices of Ezekiel E. Cortez, Petitioner
Ezekiel E. CortezLaw Offices of Ezekiel E. Cortez, Petitioner
United States
Sarah M. HarrisActing Solicitor General, Respondent
Sarah M. HarrisActing Solicitor General, Respondent