No. 19-6950

Christopher Brian Rogers v. Tammatha Soss, Acting Warden

Lower Court: Ninth Circuit
Docketed: 2019-12-17
Status: Denied
Type: IFP
Response WaivedIFP
Tags: burden-of-proof criminal-procedure darden-v-wainwright due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel martinez-v-ryan procedural-default prosecutorial-misconduct
Latest Conference: 2020-01-17
Question Presented (from Petition)

Is federal habeas review barred under Martinez v. Ryan, 566 U.S. 1 (2012) and a claim procedurally defaulted when a petitioner fails to bring an independent constitutional claim based on ineffective assistance of counsel when the state failed to appoint counsel in an initial-review state collateral proceeding?

Question Presented (AI Summary)

Whether the prosecutor's statements shifting the burden of proof to the defendant during closing arguments constituted prejudicial misconduct under Darden v. Wainwright

Docket Entries

2020-01-21
Petition DENIED.
2019-12-30
DISTRIBUTED for Conference of 1/17/2020.
2019-12-19
Waiver of right of respondent Tammatha Soss to respond filed.
2019-12-09
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 16, 2020)

Attorneys

Christopher Brian Rogers
Karyn Hilde BucurSuite E-193, Petitioner
Tammatha Soss
David Andrew Eldridge — Respondent