No. 18-7186

Corey Ian Weidner v. Jeri Taylor, Superintendent, Eastern Oregon Correctional Institution

Lower Court: Ninth Circuit
Docketed: 2018-12-27
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appellate-counsel federal-habeas federal-habeas-corpus ineffective-assistance ineffective-assistance-of-counsel new-rule post-conviction-review state-law state-post-conviction-proceedings strickland-standard
Key Terms:
HabeasCorpus
Latest Conference: 2019-02-15
Question Presented (from Petition)

WHETHER, WHEN A STATE POST-CONVICTION COURT DECIDES THAT
COUNSEL DID NOT NEED TO TAKE SOME ACTION UNDER STATE LAW TO
BE EFFECTIVE, THE STATE COURT DECISION IS A DECISION THE
FEDERAL COURT IS "BOUND TO ACCEPT" BECAUSE IT IS A STATE COURT
"INTERPRETATION OF STATE LAW."

WHETHER MR. WEIDNER DEMONSTRATED THAT THE POST-CONVICTION
COURT'S DENIAL OF HIS INEFFECTIVE ASSISTANCE OF APPELLATE
COUNSEL CLAIM IS OBJECTIVELY UNREASONABLE BECAUSE THE LAW
AND FACTS ESTABLISH APPELLATE COUNSEL'S DUTY TO SEEK ANY
OPPORTUNITY TO OBTAIN THE BENEFITS OF THE NEW RULE BEFORE HIS
CONVICTION BECAME FINAL.

Question Presented (AI Summary)

Whether state court decision on state law is binding on federal court

Docket Entries

2019-02-19
Petition DENIED.
2019-01-10
DISTRIBUTED for Conference of 2/15/2019.
2019-01-03
Waiver of right of respondent Jeri Taylor to respond filed.
2018-12-21
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 28, 2019)

Attorneys

Corey Weidner
Tonia L. Moro — Petitioner
Jeri Taylor
Benjamin Noah GutmanOregon Department of Justice, Respondent