No. 25-5215

Otoniel Cornejo v. California

Lower Court: California
Docketed: 2025-07-29
Status: Denied
Type: IFP
Response WaivedIFP
Tags: criminal-inference evidentiary-standard firearm-ability force-application legal-sufficiency substantial-evidence
Key Terms:
DueProcess
Latest Conference: 2025-09-29
Question Presented (AI Summary)

Does the record lack substantial evidence to support an inference that petitioner had the present ability to apply force with a firearm when that firearm was loaded with a single bullet that had already misfired?

Question Presented (OCR Extract)

Does the record lack substantial evidence to support an inference that petitioner had the present ability to apply force with a firearm when that firearm was loaded with a single bullet that had already misfired?

Docket Entries

2025-10-06
Petition DENIED.
2025-08-28
DISTRIBUTED for Conference of 9/29/2025.
2025-08-20
Waiver of California of right to respond submitted.
2025-08-20
Waiver of right of respondent California to respond filed.
2025-07-13
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 28, 2025)

Attorneys

California
Darren Kyle IndermillCalifornia Attorney General's Office, Respondent
Otoniel Cornejo
Otoniel Cornejo — Petitioner