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46 results for “David Shinn, Director, Arizona Department of Corrections, Rehabilitation and Reentry”

Case Title Lower Court Docketed Status Tags Question Presented
22A512 Marco Antonio Aguilar-Medina v. David Shinn, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al. Ninth Circuit 2022-12-09 Presumed Complete None
22-6145 Daniel Alexander Rodriguez v. David Shinn, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al. Ninth Circuit 2022-11-22 Denied arizona-law burden-shifting commenting-on-silence falsely-representing-evidence ineffective-assistance misstating-law misstating-witness ninth-circuit-review prejudice-analysis prosecutorial-misconduct strickland-standard Whether the Ninth Circuit incorrectly applied Arizona law in finding that multiple instances of prosecutorial misconduct did not prejudice petitioner …
22-5973 Raymond J. Scott v. David Shinn, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al. Ninth Circuit 2022-11-02 Denied constitutional-violation direct-review due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel procedural-default sixth-amendment Can ineffectiveness or incompetence of counsel on direct review result in a Sixth Amendment violation?
22A328 John Edward Sansing v. David Shinn, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al. Ninth Circuit 2022-10-19 Presumed Complete None
22-5736 Ernesto Salgado Martinez v. David Shinn, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al. Ninth Circuit 2022-10-03 Denied buck-davis buck-v-davis discovery due-process extraordinary-circumstances gonzalez-crosby gonzalez-v-crosby napue-v-illinois napue-violation rule-60(b)(6) rule-60b6 Whether the district court abused its discretion by denying Martinez's Rule 60(b)(6) request to reopen the judgment in order to compel discovery
22-5203 Travis Wade Amaral v. David Shinn, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al. Ninth Circuit 2022-07-27 Denied constitutional-prohibition due-process juvenile-offenders juvenile-sentencing life-without-parole mandatory-sentences miller-v-alabama sentencing-discretion term-of-years-sentences Does the constitutional prohibition against mandatory life sentences for juvenile offenders in Miller v. Alabama apply to mandatory term-of-years sent…
22-5073 Leroy McGill v. David Shinn, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al. Ninth Circuit 2022-07-12 Denied arizona constitutional-law criminal-punishment criminal-sentencing death-penalty ex-post-facto ninth-circuit retroactive-increase retroactive-law Did the Ninth Circuit err in holding that Arizona did not violate the Ex Post Facto Clause by sentencing Mr. McGill to death under the later-enacted s…
21-8252 Isaac Jude Rodriguez v. David Shinn, Director, Arizona Department of Corrections, Rehabilitation and Reentry Ninth Circuit 2022-06-28 Denied appellate-procedure certificate-of-appealability civil-procedure due-process excusable-neglect jurisdiction jurisdictional-time-limit legal-filing procedural-rules state-court writ-of-certiorari Whether the court of appeals correctly concluded that petitioner's motion for certificate of appealability was filed untimely
21-8157 Demetrius Antwon Wilson v. David Shinn, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al. Ninth Circuit 2022-06-16 Denied affidavit civil-procedure costs declaration poverty redress Whether the petitioner is entitled to proceed in forma pauperis
21-8084 Frank Jarvis Atwood v. David Shinn, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al. Ninth Circuit 2022-06-07 Denied as-applied-challenge comity constitutional-challenge eighth-amendment execution-protocol federal-courts federalism inmate-standing method-of-execution standing Whether federal courts may direct specific alterations to a state's execution protocol in an as-applied challenge under the Eighth Amendment
21-7829 Clarence Wayne Dixon v. David Shinn, Director, Arizona Department of Corrections, Rehabilitation and Reentry Ninth Circuit 2022-05-11 Denied 8th-amendment competency-to-be-executed eighth-amendment execution-standard mental-competency mental-illness non-bizarre-delusions panetti-precedent panetti-v-quarterman schizophrenia Does Panetti v. Quarterman foreclose a schizophrenic prisoner from demonstrating that non-bizarre delusions obstruct his rational understanding of the…
21A672 Leroy McGill v. David Shinn, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al. Ninth Circuit 2022-05-03 Presumed Complete None
21-7499 David Lopez Gonzales v. David Shinn, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al. Ninth Circuit 2022-03-30 Denied brady-v-maryland cullen-v-pinholster due-process exculpatory-evidence federal-habeas fifth-amendment habeas-corpus impeachment-evidence napue-v-illinois prosecutorial-misconduct Does Cullen v Pinholster bar consideration of new evidence in federal habeas proceedings when the prosecutor presented false testimony to rebut the de…
21-1268 Joe Clarence Smith, Jr. v. David Shinn, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al. Ninth Circuit 2022-03-18 Denied 14th-amendment 42-usc-1983 8th-amendment civil-rights cruel-and-unusual-punishment death-penalty death-row eighth-amendment habeas-relief method-of-execution section-1983 Whether Mr. Smith's method-of-execution challenge is cognizable under 42 U.S.C. § 1983
21A448 Isaac Jude Rodriguez v. David Shinn, Director, Arizona Department of Corrections, Rehabilitation and Reentry Ninth Circuit 2022-02-23 Presumed Complete None
21A394 Joe Clarence Smith, Jr. v. David Shinn, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al. Ninth Circuit 2022-02-07 Presumed Complete None
21-6900 Patrice E. Brown v. David Shinn, Director, Arizona Department of Corrections, Rehabilitation and Reentry Arizona 2022-01-18 Denied civil-rights due-process equal-protection jurisdiction standing statutory-interpretation Whether the lower court erred in its interpretation and application of the relevant constitutional and statutory provisions
21-6820 Clarence Wayne Dixon v. David Shinn, Director, Arizona Department of Corrections, Rehabilitation and Reentry Arizona 2022-01-11 Denied None
21-6727 Zane Dickinson v. David Shinn, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al. Ninth Circuit 2021-12-23 Denied deficient-performance direct-appeal habeas-corpus habeas-petition ineffective-assistance ineffective-assistance-of-counsel legal-preservation prejudice prejudice-standard reasonable-probability trial-counsel Whether a federal habeas petitioner whose trial counsel performed deficiently by failing to preserve a meritorious issue for appeal satisfies the prej…
21-6667 Thomas Orville Bastian v. David Shinn, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al. Ninth Circuit 2021-12-20 Denied collateral-review constitutional-protections due-process fifth-amendment interrogation-rights procedural-default right-to-counsel shackling waiver-of-counsel Whether state courts denied Bastian the constitutional protections due to him under the Fifth Amendment by finding that he had voluntarily waived the …
21-6593 Murray Hooper v. David Shinn, Director, Arizona Department of Corrections, Rehabilitation and Reentry Ninth Circuit 2021-12-15 Denied 28-usc-2254 clearly-established clearly-established-law evidence-suppression federal-law greene-v-fisher habeas-corpus prosecutorial-misconduct state-court supreme-court-review united-states-v-bagley witness-testimony Whether the state court decision by which 'clearly established federal law' is measured is rendered when the state court issues its mandate
21-6559 George Russell Kayer v. David Shinn, Director, Arizona Department of Corrections, Rehabilitation and Reentry Ninth Circuit 2021-12-08 Denied capital-murder competency-determination direct-appeal due-process habeas-corpus ineffective-assistance-of-counsel mitigation-specialist sentencing-hearing trial-counsel Whether a state court's decision on direct appeal is based on an unreasonable determination of facts when it concludes that a defendant refused to coo…
21-6439 John Joseph Rushinsky, Jr. v. David Shinn, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al. Ninth Circuit 2021-11-30 Denied burden-of-proof constitutional-rights criminal-law criminal-procedure due-process habeas-corpus ineffective-assistance-counsel ineffective-assistance-of-counsel prejudice strickland-standard May the state, consistent with Due Process, criminalize innocent behavior?
21-6015 Robert Lee Walden v. David Shinn, Director, Arizona Department of Corrections, Rehabilitation and Reentry Ninth Circuit 2021-10-19 Denied circuit-split due-process equitable-tolling extraordinary-circumstances habeas-corpus holland-v-florida legal-precedent reasonable-diligence unsettled-circuit-law Whether equitable tolling is available when a habeas petitioner relies on unsettled circuit law that is later upended by legal developments
21-5972 Alfredo Camargo v. David Shinn, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al. Ninth Circuit 2021-10-14 Denied certificate-of-appealability circuit-split federal-court federal-habeas habeas-corpus procedural-decision procedural-default reasoned-decision substantial-claim Whether a certificate of appealability should issue as a matter of course
21-293 Vincent Alphonso Powell v. David Shinn, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al. Ninth Circuit 2021-08-30 Denied civil-rights competency competency-hearing constitutional-rights due-process forcible-medication mental-health panel-decision precedent standing waiver-of-rights Did the State of Arizona, Superior Court, confront a set of facts that are materially indistinguishable from the decision of this honorable Court in t…
21-5470 Aleksys Lomeli-Garcia v. David Shinn, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al. Ninth Circuit 2021-08-24 Denied arizona casey-v-united-states constitutional-review fraud-on-the-court habeas-corpus indigent-prisoners indigent-rights judicial-fraud supreme-court-procedure suspension-clause Whether the concealed 28 U.S.C. 2244(c) facts caused the Supreme Court to unwittingly suspend the Writ of Habeas Corpus for all Arizona indigent priso…
21-5297 Kurzie Lee Curtis v. David Shinn, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al. Ninth Circuit 2021-08-04 Denied 8th-amendment bureau-of-prisons civil-rights compassionate-release due-process first-step-act Whether the Bureau of Prisons' policy of denying compassionate release to inmates who have not served at least 50% of their sentence violates the Firs…
21-5101 Giuseppe Viola, aka Joseph John Viola v. David Shinn, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al. Ninth Circuit 2021-07-14 Denied cares-act conditions-of-confinement criminal-law eighth-amendment federal-jurisdiction habeas-corpus restitution section-2241 supervised-release Whether jurisdiction exists for presentation of grounds for relief from all custody under § 2241, challenging conditions of confinement
21-5023 Donnie Romone Twiggs v. David Shinn, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al. Ninth Circuit 2021-07-06 Denied civil-procedure civil-rights constitutional-provisions due-process jurisdiction standing Whether the lower court erred in dismissing the petitioner's case for lack of standing and failure to state a claim
20-8425 Phillip L. Carson v. David Shinn, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al. Ninth Circuit 2021-06-28 Denied 14th-amendment 5th-amendment brady-v-maryland constitutional-rights criminal-procedure defendant-rights due-process evidence-admissibility giglio-v-united-states judicial-precedent supreme-court-review Whether the 5th and 14th Amendments still guarantee a defendant (vs. citizen) the right to due process of law?
20-7828 Kevin Norris Mitchell v. David Shinn, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al. Ninth Circuit 2021-04-22 Denied 28-usc-2244 attorney-death attorney-performance civil-procedure constitutional-rights equitable-tolling federal-tolling ineffective-assistance judicial-opinions legal-procedure post-conviction post-conviction-relief Whether the death of a petitioner's retained attorney during post-conviction relief proceedings establishes equitable tolling for not securing federal…
20-7588 Anthony Sharif Gay v. David Shinn, Director, Arizona Department of Corrections, Rehabilitation and Reentry Ninth Circuit 2021-03-26 Denied civil-procedure civil-rights constitutional-rights due-process federal-authority inalienable-rights law-enforcement mandamus standing state-authority Whether a Court's knowing review of, and ruling on, a petition for writ of mandamus, that was neither authored nor delivered by the Petitioners, const…
20-7429 William Davis v. David Shinn, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al. Ninth Circuit 2021-03-11 Denied appeals-process constitutional-rights criminal-procedure guilty-plea habeas-corpus ineffective-assistance ineffective-assistance-of-counsel mental-examination mental-health post-conviction-relief Whether a reasonable COVID-19 debate
20-7344 Carl Dwight Davis v. David Shinn, Director, Arizona Department of Corrections, Rehabilitation and Reentry Ninth Circuit 2021-03-05 Denied civil-procedure civil-rights due-process equal-protection standing takings Whether the district court erred in dismissing the petitioner's claims
20-7295 Isidro Sauceda v. David Shinn, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al. Ninth Circuit 2021-03-02 Denied appealability-standard certificate-of-appealability constitutional-rights exculpatory-evidence factual-innocence ineffective-counsel lesser-included-offense ninth-circuit reasonable-jurists willits-instruction Whether the Ninth Circuit utilized an unduly burdensome certificate-of-appealability standard that contravenes Supreme-Court-precedent
20-7176 Jeffrey S. Davis v. David Shinn, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al. Ninth Circuit 2021-02-19 Denied arizona-law certificate-of-appealability court-of-appeals district-court habeas-petition judicial-review legal-error procedural-default Did the Court of Appeals err by not addressing the certified questions from the district court?
20-1080 Stephen Edward May v. David Shinn, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al. Ninth Circuit 2021-02-09 Denied constitutional-challenge counsel-conduct counsel-performance effective-assistance hypothetical-strategies hypothetical-strategy ineffective-assistance judicial-deference performance-evaluation record-evidence strickland-standard strickland-v-washington Can a court find counsel's conduct to be effective under Strickland v. Washington by positing strategies that hypothetically could have, but demonstra…
20-1009 David Shinn, Director, Arizona Department of Corrections, Rehabilitation and Reentry v. David Martinez Ramirez Ninth Circuit 2021-01-27 Judgment Issued aedpa evidentiary-development federal-court-review federal-review habeas-corpus martinez-rule martinez-v-ryan post-conviction-counsel procedural-default Whether AEDPA's bar on evidentiary development under 28 U.S.C. § 2254(e)(2) applies to a federal court's merits review of a claim when a court excuses…
20-6894 Macho Joe Williams v. David Shinn, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al. Ninth Circuit 2021-01-14 Denied appellate-review civil-rights conflict-of-interest constitutional-interpretation criminal-appeal criminal-procedure due-process ineffective-assistance-of-counsel judicial-discretion sentencing sentencing-guidelines Whether the trial court abused its discretion when it denied Appellant's motion to review a 2019 order
20-6772 Christopher J. Spreitz v. David Shinn, Director, Arizona Department of Corrections, Rehabilitation and Reentry Ninth Circuit 2021-01-05 Denied cognitive-impairment ineffective-assistance martinez-rule martinez-v-ryan mitigation-evidence post-conviction-relief procedural-default statutory-mitigating-factor trial-counsel When must the court of appeals remand to a court of first instance for application of this Court's intervening decision in Martinez v. Ryan, 566 U.S. …
20-6751 Roger Darryl Waldrep v. David Shinn, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al. Ninth Circuit 2021-01-04 Denied brady-evidence civil-rights due-process habeas-corpus ineffective-assistance self-representation sixth-amendment voluntariness-of-plea Does this Supreme Court grant and honor civil rights to all Arizonans and U.S. citizens?
20-6716 Mack Calvin Martin v. David Shinn, Director, Arizona Department of Corrections, Rehabilitation and Reentry Ninth Circuit 2020-12-29 Denied 4th-amendment civil-rights due-process excessive-force qualified-immunity search-and-seizure Whether the petitioner's alleged pretrial bias against him violated his due process rights
20-6645 Joe Cervantes, Jr. v. David Shinn, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al. Ninth Circuit 2020-12-17 Denied aedpa aedpa-limitations constitutional-violation due-process federal-review habeas-corpus jury-trial notice-of-charges void-for-vagueness void-statutes Does AEDPA deprive federal courts of the power and obligation to review claims not previously known and could not have been known through reasonable d…
20-6082 Douglas D. Yokois v. David Shinn, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al. Ninth Circuit 2020-10-20 Denied actual-innocence certificate-of-appealability constitutional-rights district-court due-process habeas-corpus miscarriage-of-justice ninth-circuit procedural-ruling Whether the Ninth Federal Circuit Court of Appeals improperly denied Petitioner's Motion for Issuance of Certificate of Appealability
21A6 David Shinn, Director, Arizona Department of Corrections, Rehabilitation and Reentry v. David Martinez Ramirez Ninth Circuit Presumed Complete None