No. 19-516

Nolan Espinda, Director, Hawaii Department of Public Safety, et al. v. Royce C. Gouveia

Lower Court: Ninth Circuit
Docketed: 2019-10-21
Status: Denied
Type: Paid
Tags: appellate-deference appellate-jurisdiction appellate-review custody federal-district-court-jurisdiction federal-jurisdiction federal-review habeas-corpus Hawai'i-sovereign-right manifest-necessity mistrial-declaration rooker-feldman-doctrine state-court-judgments
Latest Conference: 2020-01-10
Related Cases: 19-6528 (Vide)
Question Presented (from Petition)

This case presents clear and intractable conflicts
regarding: 1) the Rooker-Feldman doctrine and the
limitations it imposes on the jurisdiction of lower federal courts; 2) Hawaii's sovereign right to enforce its
criminal laws; and 3) the appellate deference that the
Court has historically accorded to a trial court's mistrial declaration.

The first question presented is: Did the Ninth
Circuit err in concluding - in direct conflict with the
Court's holding in Exxon - that the Rooker-Feldman
doctrine is categorically not applicable to § 2241 petitions including those in which state-court losers invite
district court review and rejection of allegedly injurious state-court judgments rendered before the district
court proceedings commenced and pursuant to which
the state-court losers are not in custody?

The second question presented is: Did the Ninth
Circuit err in concluding - in direct conflict with the
Court's holding in Washington - that the trial court's
mistrial declaration was not supported by manifest necessity based on the result of its mechanical application of the three-step formula of its own creation that
is virtually identical to the three-factor formula that
Renico v. Lett, 559 U.S. 766, 779 (2010), made clear is
not "a constitutional test that determine[s] whether a
trial judge has exercised sound discretion in declaring
a mistrial?"

Question Presented (AI Summary)

Did the Ninth Circuit err in concluding that the Rooker-Feldman doctrine is categorically not applicable to § 2241 petitions?

Docket Entries

2020-01-13
Motion for leave to proceed in forma pauperis filed by respondent GRANTED.
2020-01-13
Petition DENIED.
2019-12-18
DISTRIBUTED for Conference of 1/10/2020.
2019-10-31
Brief of respondent Royce C. Gouveia in opposition filed.
2019-10-31
Motion for leave to proceed in forma pauperis filed by respondent Royce C. Gouveia.
2019-10-17
Petition for a writ of certiorari filed. (Response due November 20, 2019)

Attorneys

Nolan Espinda, Director, Hawaii Department of Public Safety, et al.
Donn FudoDepartment of the Prosecuting Attorney, Petitioner
Royce C. Gouveia
Peter Christian Wolff Jr.Office of the Federal Public Defender, Respondent