No. 18-1379

Jeremy J. Godwin v. David Davey, Warden

Lower Court: Ninth Circuit
Docketed: 2019-05-02
Status: Denied
Type: Paid
Response Waived
Tags: 14th-amendment 5th-amendment certificate-of-appeal constitutional-rights due-process fair-trial habeas-corpus prior-bad-acts prior-conviction profile-evidence propensity-evidence
Latest Conference: 2019-06-06
Question Presented (from Petition)

Was the decision of the Ninth Circuit to deny a Certificate of Appeal pursuant to 28 U.S.C. § 2253(c) under the standards set forth in Miller-El v. Cockrell, 537 U.S. 322 (2003) and Slack v. McDaniel, 529 U.S. 473 (2000) unreasonable because 1) the defendant made a substantial showing that he was denied his constitutional right to a fair trial under the Fifth and Fourteenth Amendments, and 2) the Federal District Judge incorrectly ruled that the state court's decision allowing details of the prior sex offense into evidence was not contrary to or did not involve an unreasonable application of clearly established Supreme Court precedent under 28 U.S.C. § 2254

Question Presented (AI Summary)

Was the decision of the Ninth Circuit to deny a Certificate of Appeal pursuant to 28 U.S.C. § 2253(c) under the standards set forth in Miller-El v. Cockrell, 537 U.S. 322 (2003) and Slack v. McDaniel, 529 U.S. 473 (2000) unreasonable because 1) the defendant made a substantial showing that he was denied his constitutional right to a fair trial under the Fifth and Fourteenth Amendments, and 2) the Federal District Judge incorrectly ruled that the state court's decision allowing details of the prior sex offense into evidence was not contrary to or did not involve an unreasonable application of clearly established Supreme Court precedent under 28 U.S.C. § 2254

Docket Entries

2019-06-10
Petition DENIED.
2019-05-21
DISTRIBUTED for Conference of 6/6/2019.
2019-05-14
Waiver of right of respondent David Davey, Warden to respond filed.
2019-04-29
Petition for a writ of certiorari filed. (Response due June 3, 2019)

Attorneys

David Davey, Warden
David Delgado-RucciCalifornia Attorney General's Office, Respondent
Jeremy J. Godwin
Marvin H Weiss — Petitioner