| 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… |
| 21-8157 |
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 |
| 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 |
| 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 |
|
| 21-6727 |
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 … |
| 21-6439 |
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? |
| 21-5972 |
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… |
| 20-7429 |
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 |
| 20-7295 |
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… |
| 20-6894 |
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 |
| 20-6751 |
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? |
| 20-6645 |
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 |