No. 25-690

Ryan Thornell, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al. v. Bradley Bieganski

Lower Court: Ninth Circuit
Docketed: 2025-12-12
Status: Pending
Type: Paid
Response RequestedResponse Waived Experienced Counsel
Tags: burden-shifting constitutional-law criminal-procedure due-process habeas-corpus ninth-circuit-review
Key Terms:
DueProcess HabeasCorpus Punishment JusticiabilityDoctri
Latest Conference: 2026-01-23
Question Presented (AI Summary)

Did the Ninth Circuit fail to apply the correct deferential standard of review under 28 U.S.C. § 2254(d) and misapply Supreme Court precedents regarding burden-shifting in criminal cases?

Question Presented (OCR Extract)

From 2011 until his arrest in 2013, Respondent Bradley Bieganski operated a girls -only private Christian home -school. Bieganski was arrested after several girls accused him of touching their genitals when the y were between the ages of 6 and 9. Bieganski was subsequently convicted of three counts of child molestation. His convictions and sentences were affirmed by the Arizona courts ; this Court denied his petition for writ of certiorari, and the district court subsequently denied federal habeas corpus relief . However, the Ninth Circuit reversed the judgment of the district court, and found that the Arizona statute s under which Bieganski was convicted unconstitutionally shifted the burden of disproving an essential element of the crime --sexual motivation -contrary to the Due Process Clause of the Fourteenth Amendment. The Question Presented is: Did the Ninth Circuit fail to apply the correct deferential standard of review , as set ou t in 28 U.S.C. § 2254(d), and also misappl y this Court’s precedents, set out in Martin and Patterson , regarding when an affirmative defense improperly shifts the burden of proof to a criminal defendant, in violation of the Due Process Clause?

Docket Entries

2026-02-02
Motion to extend the time to file a response is granted and the time is extended to and including March 11, 2026.
2026-01-30
Motion of Bradley Bieganski for an extension of time submitted.
2026-01-30
Motion to extend the time to file a response from February 9, 2026 to March 11, 2026, submitted to The Clerk.
2026-01-09
Response Requested. (Due February 9, 2026)
2026-01-07
DISTRIBUTED for Conference of 1/23/2026.
2026-01-05
Waiver of right of respondent Bradley Bieganski to respond filed.
2025-12-10
Petition for a writ of certiorari filed. (Response due January 12, 2026)
2025-11-06
Application (25A523) granted by Justice Kagan extending the time to file until December 10, 2025.
2025-11-04
Application (25A523) to extend the time to file a petition for a writ of certiorari from November 10, 2025 to December 10, 2025, submitted to Justice Kagan.

Attorneys

Bradley Bieganski
Randal Boyd McDonaldLaw Office of Randal B. McDonald, Respondent
Randal Boyd McDonaldLaw Office of Randal B. McDonald, Respondent
Ryan Thornell, et al.
Jason Dale LewisArizona Attorney General's Office, Petitioner
Jason Dale LewisArizona Attorney General's Office, Petitioner