No. 19-6352

James Byron Coon v. Mark Nooth, Superintendent, Snake River Correctional Institution

Lower Court: Ninth Circuit
Docketed: 2019-10-23
Status: Denied
Type: IFP
Response WaivedIFP
Tags: cause-of-death certificate-of-appealability exhaustion expert-opinion expert-testimony habeas-corpus ineffective-assistance-of-counsel miller-el-v-cockrell state-postconviction vasquez-v-hillery
Latest Conference: 2019-11-22
Question Presented (from Petition)

Whether a Court of Appeals' denial of a certificate of appealability conflicts with this Court's rulings in Vasquez v. Hillery, 474 U.S. 254, 260 (1986), and Miller-El v. Cockrell, 537 U.S. 322, 336 (2003), where the district court determined in a murder case that an ineffective assistance of counsel claim was exhausted even though the state postconviction claim did not, but the federal claim did assert an expert cause-of-death opinion materially different from that of the State's expert.

Question Presented (AI Summary)

Whether a Court of Appeals' denial of a certificate of appealability conflicts with this Court's rulings in Vasquez v. Hillery and Miller-El v. Cockrell, where the district court determined in a murder case that an ineffective assistance of counsel claim was exhausted even though the state postconviction claim did not, but the federal claim did assert an expert cause-of-death opinion materially different from that of the State's expert

Docket Entries

2019-11-25
Petition DENIED.
2019-11-07
DISTRIBUTED for Conference of 11/22/2019.
2019-10-25
Waiver of right of respondent Mark Nooth to respond filed.
2019-10-21
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 22, 2019)

Attorneys

James Coon
Oliver LoewyFederal Public Defender, Petitioner
Mark Nooth
Benjamin Noah GutmanOregon Department of Justice, Respondent