No. 18-5172

Samuel Isaac Marquez v. Timothy Filson, Warden, et al.

Lower Court: Ninth Circuit
Docketed: 2018-07-09
Status: Denied
Type: IFP
Response WaivedIFP
Tags: brumfield-precedent brumfield-v-cain due-process fact-finding federal-law habeas-corpus insanity-defense ninth-circuit state-court state-court-fact-finding
Latest Conference: 2018-09-24
Question Presented (from Petition)

1. This Court in Brumfield granted federal habeas corpus relief, despite a lack of clearly established federal law, because the state-court decision relied on an unreasonable determination of fact. Here, the Ninth Circuit denied habeas relief on the theory that, because of a lack of clearly established federal law, a state-court determination of fact cannot be unreasonable. Did the Ninth Circuit's holding contradict Brumfield?

Question Presented (AI Summary)

Whether the Ninth Circuit's decision contradicted Brumfield v. Cain by holding that a state-court determination of fact cannot be unreasonable due to a lack of clearly established federal law

Docket Entries

2018-10-01
Petition DENIED.
2018-08-16
DISTRIBUTED for Conference of 9/24/2018.
2018-08-08
Waiver of right of respondents Timothy Filson, Warden, et al. to respond filed.
2018-07-05
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 8, 2018)

Attorneys

Joe Gentry, et al.
Jeffrey Morgan ConnerOffice of the Attorney General of the State of Nevada, Respondent
Samuel Marquez
Thomas Kenneth LeeFederal Public Defender for the District of Nevada, Petitioner