No. 18-7747
Jae Yung Kim v. Debbie Asuncion, Warden
IFP
Tags: actual-innocence certificate-of-appealability civil-procedure due-process equitable-tolling federal-habeas-proceedings habeas-corpus ninth-circuit substantial-showing
Key Terms:
DueProcess HabeasCorpus
DueProcess HabeasCorpus
Latest Conference:
2019-05-30
Question Presented (from Petition)
Did the Ninth Circuit misapply the standard for the issuance of a certificate of appealability ("COA") articulated by this Court in such cases as Buck v. Davis, 137 S. Ct. 759 (2017), Miller-El v. Cockrell, 537 U.S. 322 (2003), and Slack v. McDaniel, 529 U.S. 473 (2000), in denying Petitioner's request for a COA, where Petitioner made a substantial showing that his facially-untimely petition for habeas corpus should still be considered on the merits because he is actually innocent and entitled to equitable tolling?
Question Presented (AI Summary)
Did the Ninth Circuit misapply the standard for the issuance of a certificate of appealability (COA)"
Docket Entries
2019-06-03
Petition DENIED.
2019-05-15
DISTRIBUTED for Conference of 5/30/2019.
2019-04-29
Brief of respondent A.M. Gonzales in opposition filed.
2019-04-02
Motion to extend the time to file a response is granted and the time is further extended to and including May 6, 2019.
2019-03-29
Motion to extend the time to file a response from April 5, 2019 to May 5, 2019, submitted to The Clerk.
2019-02-25
Motion to extend the time to file a response is granted and the time is extended to and including April 5, 2019.
2019-02-21
Motion to extend the time to file a response from March 6, 2019 to April 5, 2019, submitted to The Clerk.
2019-01-31
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 6, 2019)
Attorneys
A.M. Gonzales
Jae Yung Kim
Jelani Jimmy Lindsey — Office of the Federal Public Defender, Petitioner