Ryan Thornell, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al. v. Bradley Bieganski
DueProcess HabeasCorpus Punishment JusticiabilityDoctri
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?
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?