No. 19-8046

Michael Anthony Cervantes v. W. L. Montgomery, Warden

Lower Court: Ninth Circuit
Docketed: 2020-03-19
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 28-usc-2254 constitutional-rights due-process evidentiary-hearing habeas-corpus habeas-relief ineffective-assistance-of-counsel prosecutorial-misconduct standing statutory-interpretation witness-testimony
Key Terms:
DueProcess HabeasCorpus JusticiabilityDoctri
Latest Conference: 2020-04-24
Question Presented (from Petition)

WAS PETITIONERS CONVICTION SUSTAINED IN VIOLATION OF DUE PROCESS WARRANTING HABEAS RELIEF WHERE THE DISTRICT

THE INJUSTICE THAT RESOULTS FRON THE CONVICTION OF AN INNOCENT PERSON?

WAS COUNGEL CONSTITUTIONALLY INEFFECTIVE BECAUSE HE FAILED TO INVESTIGATE AND SOLIDIFY PETITIONERS INNOCENCE CLATM; FAIED TO OBJECT DURNG CRITICAL WITNESS TESTTMONY; AND FAILED TO FILE A PITCHESS MOTION CHALLENGINE PROSECUTIONS ONLY WITNESS SUGGESTING PETITIONERS GUILT?

TAETICS THAT VIOLATED HIS CONSTITUTIONAL RIGHT TO OUE PROCESS?

DID THE COURTS BELOW COMMIT REVERSIBLE ERR DENYING PETITIONERSS225Y(AXI)(2) MOTON WITHOUT CONDUCTING AN EVIDENTIARY HEARING TO RESOLVE THE FACTUAL DISPUTES?

Question Presented (AI Summary)

Whether the district court erred in denying petitioner's habeas corpus petition under 28 U.S.C. § 2254(d)(2) where the district court failed to adequately apply the statutory case law and hold an evidentiary hearing to resolve factual disputes

Docket Entries

2020-04-27
Petition DENIED.
2020-04-09
DISTRIBUTED for Conference of 4/24/2020.
2020-03-30
Waiver of right of respondent W.L. Montgomery to respond filed.
2020-03-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 20, 2020)

Attorneys

Michael Anthony Cervantes
Michael Anthony Cervantes — Petitioner
W.L. Montgomery
Taylor Thuy NguyenCalifornia Attorney General's Office, Respondent