No. 19-6995

Richard Alan King v. United States

Lower Court: Ninth Circuit
Docketed: 2019-12-18
Status: Denied
Type: IFP
Response WaivedIFP
Tags: actual-innocence certificate-of-appealability civil-procedure criminal-procedure due-process faretta-v-california fundamental-miscarriage-of-justice magistrate pro-se-pleading procedural-default remand reversal standard-of-review standing supreme-court-precedent
Key Terms:
DueProcess HabeasCorpus Securities JusticiabilityDoctri
Latest Conference: 2020-01-24
Question Presented (from Petition)

Was The Presiding Magistrate's Analysis So Flawed As To Warrent This Court To Reverse And Remand So That A Correct Legal Standard May Be Applied ? pg7.I

Did The Government Waive Its Procedural Default Argument By Failing To Raise That Argument In The District Court During The Relevant Pre-Trial, And Trial Hearings Pursuant To Established Precedent In Faretta V CA. 422 U.S. (1972)? pg.f.II

Was There A Departure From Established pro-se Liberal Pleading Standards Resulting In Violation of Due Process ? pg 10.Ill

Was The Lower Courts Reasons (or lack there of) For Denying Petitioner A Certificate Of Appealability "COA" Flawed ? pgll .IV

Was The Government's Legal Standard Grounded On Faretta v California 422 US 805 (1972) And Cook v Ryan 688 F3d 601 (9th Cir 2012) Flawed As To Warrant Remand >? pg 12.V

Was The District court's Decision Adopting The Magistrate's Report And Recommandation So Flawed As To Compell Summary Reversal And Remand To Correct A manifest Injustice ? pg 19VI

Did A Fundamental Miscarriage Of Justice Occur When The Lower Court's Failed To Correctly Apply Controlling/Supreme Courtc-Precedent Contrary To Massaro v United States 538 U.S. 500 (2003) ? pg 20.. VII

VIII Was 21 USCS § 846 And 21 USCS § 841 A (a)(1) Unconstitu tionally Applied To Petitioner, Rendering Petitioner Actually Innocent Of A Violation Of Those Statutes ? pg 24.

Question Presented (AI Summary)

Was the presiding magistrate's analysis so flawed as to warrant this court to reverse and remand so that a correct legal standard may be applied?

Docket Entries

2020-01-27
Petition DENIED.
2020-01-09
DISTRIBUTED for Conference of 1/24/2020.
2019-12-30
Waiver of right of respondent United States to respond filed.
2019-09-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 17, 2020)
2019-08-28
Application (19A232) granted by Justice Kagan extending the time to file until September 23, 2019.
2019-06-27
Application (19A232) to extend the time to file a petition for a writ of certiorari from July 25, 2019 to September 23, 2019, submitted to Justice Kagan.

Attorneys

Richard King
Richard Alan King — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent