No. 18-673
Terrence Edwin Prince v. Joe A. Lizarraga, Warden
Tags: and whether applying AEDPA's restrictive provisio aedpa brady-claim brady-rule due-process federal-courts gatekeeping-provisions habeas habeas-corpus retroactivity second-in-time-petition second-or-successive
Key Terms:
HabeasCorpus Securities
HabeasCorpus Securities
Latest Conference:
2019-05-09
(distributed 2 times)
Question Presented (from Petition)
1. Is a Brady claim brought in a second-in-time habeas petition "second or successive" for purposes of AEDPA's gatekeeping provisions when the claim is based on previously undisclosed evidence?
2. Does applying AEDPA's severely limiting gatekeeping provisions to a second-in-time petition violate the presumption against retroactivity, where the petitioner's initial petition was filed pre-AEDPA, and the second-in-time petition would have survived under the pre-AEDPA standard?
Question Presented (AI Summary)
Whether a Brady claim brought in a second-in-time habeas petition is 'second or successive' under AEDPA
Docket Entries
2019-05-13
Petition DENIED.
2019-04-23
DISTRIBUTED for Conference of 5/9/2019.
2019-04-22
Reply of petitioner Terrence Edwin Prince filed.
2019-04-11
Certificates of Compliance and Service filed with respect to brief in opposition of respondent Joe A. Lizarraga, Warden.
2019-04-08
Brief of respondent Joe A. Lizarraga, Warden in opposition filed.
2019-03-05
Motion to extend the time to file a response is granted and the time is further extended to and including April 8, 2019.
2019-02-28
Motion to extend the time to file a response from March 8, 2019 to April 8, 2019, submitted to The Clerk.
2019-02-04
Motion to extend the time to file a response is granted and the time is extended to and including March 8, 2019.
2019-01-30
Motion to extend the time to file a response from February 6, 2019 to March 8, 2019, submitted to The Clerk.
2019-01-07
Response Requested. (Due February 6, 2019)
2018-12-26
DISTRIBUTED for Conference of 1/11/2019.
2018-12-14
Waiver of right of respondent Lizarraga, Warden to respond filed.
2018-11-19
Petition for a writ of certiorari filed. (Response due December 24, 2018)
2018-09-20
Application (18A299) granted by The Chief Justice extending the time to file until November 19, 2018.
2018-09-19
Application (18A299) to extend the time to file a petition for a writ of certiorari from October 18, 2018 to November 19, 2018, submitted to The Chief Justice.
Attorneys
Lizarraga, Warden
Charles Shang-Rei Lee — California Attorney General's Office, Respondent
Terrence Edwin Prince
Robert Mark Loeb — Orrick, Herrington & Sutcliffe LLP, Petitioner