No. 18-6465

Jose Ricardo Yanez v. Ralph Diaz, Acting Secretary, California Department of Corrections and Rehabilitation

Lower Court: Ninth Circuit
Docketed: 2018-10-26
Status: Denied
Type: IFP
IFP
Tags: aedpa-statute-of-limitations antiterrorism-and-effective-death-penalty-act certificate-of-appealability equitable-tolling evidentiary-hearing ineffective-assistance-of-counsel ninth-circuit-review ongoing-investigations pro-se pro-se-petition statute-of-limitations
Latest Conference: 2019-01-04
Question Presented (from Petition)

WHETHER AN ALTERNATE TRIGGERING DATE OF THE ANTITERRORISM
AND EFFECTIVE DEATH PENALTY ACT OF 1996'S 1-YEAR STATUTE OF
LIMITATIONS, AND EQUITABLE TOLLING, IS AVAILABLE TO A PRO SE
PETITIONER WHO IS ENGAGED IN ONGOING INVESTIGATIONS INTO
POTENTIALLY MERITORIOUS CLAIMS OF INEFFECTIVE ASSISTANCE OF
TRIAL COUNSEL WHICH WERE NOT RAISED ON DIRECT APPELLATE
REVIEW BY COUNSEL; AND, WHETHER THERE IS AN EQUITABLE GRACE
PERIOD AVAILABLE AFTER THE PETITIONER HAS CONCLUDED THOSE
INVESTIGATIONS, IN ORDER FOR HIM TO PREPARE AND PRESENT HIS
NEW CLAIMS BEFORE THE FEDERAL DISTRICT COURT?

WHETHER THE UNITED STATES DISTRICT COURT ERRED IN FAILING OR
REFUSING TO GRANT THE PETITIONER AN ALTERNATE TRIGGERING DATE
AND EQUITABLE TOLLING OF THE ANTITERRORISM AND EFFECTIVE
DEATH PENALTY ACT OF 1996'S 1-YEAR STATUTE OF LIMITATION,
WHERE HE HAD DEMONSTRATED TO THAT COURT THAT HE HAD ACTIVELY
BEEN ENGAGED IN ONGOING PRO SE INVESTIGATIONS FOCUSED ON HIS
TRIAL COUNSEL'S DEFICIENT AND PREJUDICIAL PERFORMANCE; AND,
WHETHER THE DISTRICT COURT ERRED IN FAILING OR REFUSING TO
GRANT AN EQUITABLE GRACE PERIOD, AFTER THE INVESTIGATIONS HAD
CONCLUDED, FOR THE PETITIONER TO PREPARE AND PRESENT HIS NEW
CLAIMS BEFORE THAT COURT?

WHETHER THE UNITED STATES DISTRICT COURT ERRED IN FAILING OR
REFUSING TO GRANT AN EVIDENTIARY HEARING ON THE ISSUE OF
UNTIMELINESS OF THE PETITION; OR, IN THE ALTERNATIVE, GRANT A
CERTIFICATE OF APPEALABILITY (COA) SO THAT THE PETITIONER
MIGHT HAVE AN OPPORTUNITY TO CHALLENGE THE UNTIMELINESS
RULING MADE BY THE DISTRICT COURT, IN THE FEDERAL COURT OF
APPEALS FOR THE NINETH CIRCUIT?

WHETHER THE UNITED STATES COURT OF APPEALS FOR THE NINTH
CIRCUIT ERRED IN FAILING OR REFUSING TO GRANT A CERTIFICATE
OF APPEALABILITY (COA) ON THE ISSUE OF UNTIMELINESS UNDER
THE ANTITERRORISM AND EFFECTIVE DEATH PENALTY ACT OF 1996'S
1-YEAR STATUTE OF LIMITATION, BECAUSE THE PETITIONER HAD
DEMONSTRATED THAT HE WAS ENGAGED IN ONGOING INVESTIGATIONS
INTO POTENTIALLY MERITORIOUS CLAIMS AND WAS ENTITLED TO A
EQUITABLE GRACE PERIOD AFTER CONCLUDING INVESTIGATIONS IN
ORDER TO PREPARE AND PRESENT HIS NEW CLAIMS FOR RELIEF?

Question Presented (AI Summary)

Whether an alternate triggering date of the Antiterrorism and Effective Death Penalty Act of 1996's 1-year statute of limitations, and equitable tolling, is available

Docket Entries

2019-01-07
Petition DENIED.
2018-12-06
DISTRIBUTED for Conference of 1/4/2019.
2018-10-09
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 26, 2018)

Attorneys

Jose Ricardo Yanez
Jose Ricardo Yanez — Petitioner