No. 19-8022

Clarence Wayne Dixon v. David Shinn, Director, Arizona Department of Corrections, et al.

Lower Court: Ninth Circuit
Docketed: 2020-03-19
Status: Denied
Type: IFP
IFP
Tags: burden-of-proof chapman-v-california deck-v-missouri due-process habeas-corpus ineffective-assistance reasonable-doubt shackling shackling-error sixth-amendment
Key Terms:
DueProcess HabeasCorpus JusticiabilityDoctri
Latest Conference: 2020-05-21
Question Presented (from Petition)

1. When a trial court unjustifiably orders a defendant shackled throughout trial contrary to the rule in Deck v. Missouri, is it the defendant who bears the burden of proving that the restraints were visible to the jury, or does the State have the burden to prove that the shackles were not visible as part of its burden under Chapman v. California, 386 U.S. 18 (1967), to prove beyond a reasonable doubt that the shackling error did not contribute to the verdict?

2. When a petitioner has complied with a state rule which mandates a postconviction hearing on a colorable federal constitutional claim, but the state court dismisses the claim by resolving disputed issues of material fact against the petitioner, is the state court's denial "based on an unreasonable determination of the facts" under § 2254(d)(2), thereby requiring de novo federal review of the claim?

Question Presented (AI Summary)

When a trial court unjustifiably orders a defendant shackled throughout trial contrary to the rule in Deck v. Missouri, is the burden on the defendant to prove the restraints were visible to the jury, or on the State to prove beyond a reasonable doubt the shackling error did not contribute to the verdict?

Docket Entries

2020-05-26
Petition DENIED.
2020-05-06
DISTRIBUTED for Conference of 5/21/2020.
2020-05-01
Reply of petitioner Clarence Dixon filed. (Distributed)
2020-04-17
Brief of respondents David Shinn, et al. in opposition filed.
2020-03-16
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 20, 2020)
2019-12-23
Application (19A700) granted by Justice Kagan extending the time to file until March 16, 2020.
2019-12-19
Application (19A700) to extend the time to file a petition for a writ of certiorari from January 16, 2020 to March 16, 2020, submitted to Justice Kagan.

Attorneys

Clarence Dixon
Amanda Christine BassOffice of the Federal Public Defender, District of Arizona, Capital Habeas Unit, Petitioner
David Shinn, et al.
Myles Austin BraccioOffice of the Arizona Attorney General, Respondent