No. 25-6001

Charles Chad Giese v. Edward Borla, Warden

Lower Court: Ninth Circuit
Docketed: 2025-10-30
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: criminal-procedure due-process fair-trial ineffective-assistance miranda-rights prosecutorial-misconduct
Key Terms:
DueProcess CriminalProcedure HabeasCorpus
Latest Conference: 2025-11-21
Question Presented (from Petition)

I. Did Trial Counsel Render Ineffective Assistance by Failing to present Evidence About the Psychological and Physical Effects of Methamphetamine and Alcohol, Giese's Good Character, and Giese's Efforts to Relocate?

II. Did the Trial Court Deny Giese Due Process and a Fair Trial by Admitting his Un-Mirandized and Involuntary Statements?

III. Did the Prosecutor Fail to Prove First Degree Premeditated Murder Beyond a Reasonable Doubt?

IV. Did the Trial Court Violate Giese's Constitutional Rights to a Fair Trial and Due Process by Excluding Evidence of Vallivero's Drug Use?

V. Did the Mutual Combat Instruction Violate Giese's Constitutional Rights to a Reliable Jury Determination of his Guilt?

VI. Did the Prosecutor's Prejudicial Misconduct During Closing Argument Deprive Giese of Due Process and a Fair Trial?

VII. Do the Cumulative Errors Require Reversal?

Question Presented (AI Summary)

Whether the cumulative errors of ineffective assistance of counsel, unMirandized statements, prosecutorial misconduct, and evidentiary exclusions deprived the defendant of due process and a fair trial

Docket Entries

2025-11-24
Petition DENIED.
2025-11-06
DISTRIBUTED for Conference of 11/21/2025.
2025-11-04
Waiver of Edward Borla, Warden of right to respond submitted.
2025-11-04
Waiver of right of respondent Edward Borla, Warden to respond filed.
2025-10-22
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 1, 2025)

Attorneys

Charles Giese
Rose Fay ArfaFay Arfa, A Law Corporation, Petitioner
Edward Borla, Warden
Herbert S. TetefAttorney Gene. of California, Respondent