No. 19-7810

Dale W. Eaton v. Mike Pacheco, Warden

Lower Court: Tenth Circuit
Docketed: 2020-02-27
Status: Denied
Type: IFP
Relisted (2)IFP
Tags: 28-usc-2254 cullen-v-pinholster federal-review habeas-corpus ineffective-assistance ineffective-assistance-of-counsel mental-competency new-evidence state-court-adjudication strickland-standard strickland-v-washington
Latest Conference: 2020-05-15 (distributed 2 times)
Question Presented (from Petition)

1. WHETHER A STATE COURT HAS ADJUDICATED THE PERFORMANCE PRONG OF A STRICKLAND V. WASHINGTON CLAIM ON THE MERITS WITHIN THE MEANING OF 28 U.S.C. § 2254(d) WHEN THE HABEAS PETITIONER ALLEGES DIFFERENT PERFORMANCE DEFICIENCIES SUPPORTED BY NEW EVIDENCE THAT FUNDAMENTALLY ALTERS THE CLAIM THAT WAS PRESENTED TO THE STATE COURT?

2. WHETHER 28 U.S.C. § 2254(d) (2) IS TRIGGERED BY UNFAIR STATE COURT FACT-FINDING PROCEDURES?

3. WHETHER THE APPROPRIATE STANDARD OF REVIEW FOR A FEDERAL HABEAS PETITION IS WAIVABLE BY THE PETITIONER.

Question Presented (AI Summary)

Whether a state court has adjudicated the performance prong of a Strickland v. Washington claim on the merits within the meaning of 28 U.S.C. § 2254(d) when the habeas petitioner alleges different performance deficiencies supported by new evidence that fundamentally alters the claim that was presented to the state court?

Docket Entries

2020-05-18
Petition DENIED. Justice Gorsuch took no part in the consideration or decision of this petition.
2020-05-11
DISTRIBUTED for Conference of 5/15/2020.
2020-04-27
Rescheduled.
2020-04-16
DISTRIBUTED for Conference of 5/1/2020.
2020-04-13
Reply of petitioner Dale Eaton filed. (Distributed)
Main Document
2020-03-30
Brief of respondent Mike Pacheco, Warden in opposition filed.
Main DocumentProof of Service
2020-02-24
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 30, 2020)
AppendixPetitionMotion for Leave to Proceed in Forma Pauperis
2019-12-26
Reply of applicant received.
Reply
2019-12-20
Application (19A678) granted by Justice Sotomayor extending the time to file until February 24, 2020.
2019-12-16
Response to application from respondent filed.
Main Document
2019-12-10
Application (19A678) to extend the time to file a petition for a writ of certiorari from December 26, 2019 to February 24, 2020, submitted to Justice Sotomayor.
Main DocumentLower Court Orders/Opinions

Attorneys

Dale Eaton
Sean D. O'Brien — Attorney at Law, Petitioner
Mike Pacheco
Jenny Lynn Craig — Office of the Wyoming Attorney General, Respondent