No. 25-5300

In Re Onofre Serrano

Lower Court: N/A
Docketed: 2025-08-07
Status: Denied
Type: IFP
IFP
Tags: brady-violation constitutional-rights due-process evidence-suppression ninth-circuit probable-cause
Key Terms:
FourthAmendment SecondAmendment DueProcess CriminalProcedure HabeasCorpus JusticiabilityDoctri
Latest Conference: 2025-10-10
Question Presented (AI Summary)

Whether the Ninth Circuit arbitrarily concluded that Petitioner has not made a substantial showing of the denial of a Constitutional right, and whether reasonable jurists could debate the district court's procedural and substantive conclusions regarding the Petitioner's legal claims

Question Presented (from Petition)

PRESENTED 1. Whether the Ninth Circuit arbitrarily concluded that Petitioner has not made a substantial showing of the denial of a Constitutional right? 2. Whether reasonable jurist could debate the district court's conclusion that Petitioner committed a public offense as opposed to presumptive lawful activity under N.Y. State Rifle & Pistol Ass'n v Bruen? 3. Whether reasonable jurist could debate the district court's procedural holding that Petitioner had the opportunity to litigate his claim under Stone v Powell and Townsend v Sain? 4. Whether the Deputy District Attorney ("DDA") failure to produce evidence relating to the purported resisting, underlying suspicion and officer Rardin’s credibility at preliminary hearing/ motion to suppress evidence constituted a violation of Petitioner's rights as described in Brady v Maryland and/or Napue v Illinois? 5. Whether there was reasonable or probable cause and/or all the elements satisfied at trial based on sufficient evidence under Bunkley v Florida and/or Fiore v White? i

Docket Entries

2025-10-14
Petition DENIED.
2025-09-25
DISTRIBUTED for Conference of 10/10/2025.
2025-07-02
Petition for a writ of mandamus and motion for leave to proceed in forma pauperis filed. (Response due September 8, 2025)

Attorneys

Onofre Serrano
Onofre Serrano — Petitioner
Onofre Serrano — Petitioner