No. 19-6102

Roosevelt Brian Moore v. Debbie Asuncion, Warden

Lower Court: Ninth Circuit
Docketed: 2019-10-01
Status: Denied
Type: IFP
Response WaivedIFP
Tags: civil-rights constitutional-challenge court-review due-process graham-v-florida habeas-corpus juvenile-offenders legal-standards prisoner-rights resentencing sentencing sentencing-procedure standing state-court-decision
Latest Conference: 2019-11-15
Question Presented (from Petition)

GRANTED PETITSONER A CERTI FICATE of APPEAlAbIty PORSUANT TO MILlER -EL V.COCKER, 537 U.S.3a2 ON. QUESTIONS OF HIS THE U.S. CONSTITUIONAl RIGHTS? PERTaININg TO THE following:

(2) WHEHHER THE qH CiR. DECiSiON IN MOORE V. BItER 7aS F. 3Od 1184 BECAME A VALId FINAL FEdERAL JUOQMENT THAT WAS A CONCLUSIVE 2013) dEtErmination that WAs Binding dURING THE SObSEQUENT RESENTENCING and State APpellarE PROCEEdinGs Involving ThE PaRtiES, PER:) SamE ASHE V SWEn50n (1970) 397 U.S. 436,443 U.S. V. CAStillo - BaSS, 478 3d 1025 ?., IFSO;

BI WHE IHER THE RESENTENCING COURT UAS COnTRARy D ClEaNy EStAbSH FedERAL LA, WhEn Biing to qiVE final ConclusivE EStabliSHEd By THE qTH CRR. pt3oow SEntENCE as WAS In when finding that PEFITIONER SENTENCE WAS NOLONGER Unconstitional wueing the RESENtercing hERing and APPEAL PROcEEdingS?

C.)WHETHER THIS HONORAblE COuRt Has alkeady cONSIDEREd and REPIREd THAN KEEPING A LOP-SENTENCE MORE FUNctioNing ON A MONHomicide JWENilE offendER, wnO is aleEady SERVing An urcon SiTTIONAL SENTENCE UNOER GRBhAM V.FORIDA, 360 U.S 48 (2010) Rom the outset, so that A StatE can make A JudgmEnt (RathER paRede board or spEcial PRocEEding Ete. on ThE JoenilEs A ncorkigbility Based on PRiSOn MisbEtVIOR oR fiuRE to matURE?

IF So; RESENTENCING COURT dECISION tO KEEP HE ORIGINa 3H1-3OP 344 pREdicatEd on A fotURE PROLE HeaRINg to ASSESS ENTENCE INtACT, and CONTRARY 40 Or FiLURE tO MAURE, WAS Rison misbehaViOR EstablisHed FEdERAL Application oF CleaRN UNREasablE LAW PURSUBNT GRahaM, d. TO THE CALIFORNIA: SUPREME CORT DECISION

(e):WHEAHER PEOPLE V.nKIn (2016) 63CA1.47261, In CONCERNEd FEdERaL BIH AMENdMENT Claims ARising un

Question Presented (AI Summary)

Whether the U.S. Court of Appeals for the Ninth Circuit should grant petitioner's certificate of appealability pursuant to Miller v. Cockrell, 537 U.S. 322 on the questions of his vs. constitutional rights

Docket Entries

2019-11-18
Petition DENIED.
2019-10-31
DISTRIBUTED for Conference of 11/15/2019.
2019-10-21
Waiver of right of respondent Asuncion, Warden to respond filed.
2019-09-20
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 31, 2019)

Attorneys

Asuncion, Warden
Idan IvriOffice of the California Attorney General, Respondent
Roosevelt B. Moore
Roosevelt B. Moore — Petitioner