No. 18-7703

Nathan Smith III v. Sherry Pennywell, et al.

Lower Court: Ninth Circuit
Docketed: 2019-02-01
Status: Denied
Type: IFP
IFP
Tags: 2254(d)(2) cumulative-error de-novo-review deference due-process fact-finding fourteenth-amendment habeas-corpus habeas-corpus-review ineffective-assistance sixth-amendment standard-of-review unreasonable-determination
Latest Conference: 2019-03-29
Question Presented (from Petition)

1)
DID THE CCA SO STRETCH THE FACTS IN THIS CASE SO
UNREASONABLY THAT NO DEFERENCE COULD BE POSSIBLE
TO ITS INTERPETATION OF WHAT OCCURRED IN THE TACO
RESTAURANT
PARKING LOT AND THE CASE SHOULD BE
EXAMINED DE NOVO BECAUSE OF THAT SATISFACTION OF
THE 2254(d)(2) EXCEPTION ?

2)
WAS TRIAL COUNSEL PREJUDICIALLY INEFFECTIVE IN
FAILING TO IMPEACH THE PROSECUTION CASE WITH
POLICE TESTIMONY THAT THE "VICTIMS" WERE
ACTUALLY THE AGRESSOR'S IN THIS CASE?

Question Presented (AI Summary)

Did the CCA so stretch the facts in this case so unreasonably that no deference could be possible to its interpretation of what occurred in the taco restaurant parking lot and the case should be examined de novo because of that satisfaction of the 2254(d)(2) exception?

Docket Entries

2019-04-01
Petition DENIED.
2019-03-14
DISTRIBUTED for Conference of 3/29/2019.
2019-01-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 4, 2019)

Attorneys

NATHAN SMITH iii
Charles R Khoury Jr.CHARLES R. KHOURY JR, Petitioner