No. 18-8219

Jose J. Hernandez v. M. Eliot Spearman, Warden

Lower Court: Ninth Circuit
Docketed: 2019-03-01
Status: Denied
Type: IFP
IFP
Tags: appeal civil-rights criminal-procedure due-process evidence felony-murder ineffective-assistance newly-presented standing
Latest Conference: 2019-04-26
Question Presented (from Petition)

2. Is there sufficient evidence to support the conviction for the substantive offense of first degree felony murder, and does the adopted felony murder rule interpretation in petitioner's case conflict with this courts decision in Tison v. Arizoha (1987) 481 U.5.?

3. D he bg yintuction fel urdnntnalyel the o ue of proof of an element of the crime?

4. Doer the evidence suppart a finding that the attempted imurder is a reasonably foreseable natural and probable consequence?

5. Did the trial court vilate petitioner's constitutional right to Due Process and to prepare a defense for trial by denying the request for a continvance?

6. Did the trial court impose an illegal and excessive restitution fine?

Questions regarding the legal clains raised by covnsel on appeal:

denied petitioner's Febrvary 9 20on motion for substitute counsel?

doubt that violated petitioner's constitutional rights to Due Process and a jory verdict of guilt beyond a reasonable doubt, and further impermissibly direct a verilict on an element of murder that violated petifioner's right to Due Process and to present a defense?

disregard for human life?

Question Presented (AI Summary)

Did appellate counsel render ineffective assistance

Docket Entries

2019-04-29
Petition DENIED.
2019-04-11
DISTRIBUTED for Conference of 4/26/2019.
2018-06-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 1, 2019)

Attorneys

Jose Hernandez
Jose D. Hernandez — Petitioner