No. 19-8771

Michael A. Risenhoover v. William Muniz, Warden

Lower Court: Ninth Circuit
Docketed: 2020-06-22
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: 28-years-to-life criminal-procedure due-process first-degree-murder first-time-offender judicial-discretion murder prior-criminal-history proportionality public-message sentencing sentencing-guidelines
Latest Conference: 2021-02-19 (distributed 2 times)
Question Presented (from Petition)

1) Does SENTENCING A FIRST TIME OFFENDER WITHOUT HAS NO PRIOR CRIMINAL HISTORY TO 28 YEARS TO LIFE SEND A DANGEROUS MESSAGE TO THE PUBLIC AND FUTURE OFFENDERS THAT MURDER IS LESS SERIOUS, ESPECIALLY WITH A SENTENCE OF 48 YEARS ON CASE? Does THE SENTENCE THEREFORE ENCOURAGE FUTURE OFFENDERS TO MURDER THEIR VICTIMS TO AVOID THE GREATER SENTENCE?

2) PETITIONER Michael RISEN HOOVER WAS A DEPUTY SHERIFF WITH THE DEPARTMENT THAT CONDUCTED THE INVESTIGATION AND KNEW THE ACCUSER AND JUDGE. DID THIS PREVENT MR. MICHAEL HOOVER FROM RECEIVING A FAIR TRIAL AND SHOULD A CHANGE OF VENUE BEEN GIVEN?

3) DID THE TRIAL COURT JUDGE ERROR IN NOT ALLOWING ESSENTIAL INFORMATION ON MENTAL HEALTH MEDICATION THE ACCUSER WAS TAKING AND HER HISTORY OF HALLUCINATIONS AND DELUSION? THE JUDGE STATING WE WOULD NOT ALLOW THE SUBJECT OF HER MENTAL HEALTH TO BE BROACHED. DID THE VIOLATE MR. MISENHOVER'S RIGHT TO PRESENT AN ADEQUATE DEFENSE AND RIGHT TO A FAIR TRIAL.

4) DID THE PREVIOUS LOWER COURTS BASED IN NOT WEARING THIS CASE IN OVERTURNING THE CONVICTION AND IN DENYING PETITIONER A CERTIFICATE OF APPEALABILITY.

Question Presented (AI Summary)

Does sentencing a first-time offender who has no prior criminal history to 28 years to life send a dangerous message to the public and future offenders that murder is less serious than other crimes?

Docket Entries

2021-02-22
Rehearing DENIED.
2021-01-20
DISTRIBUTED for Conference of 2/19/2021.
2020-10-14
Petition for Rehearing filed.
2020-10-05
Petition DENIED.
2020-07-16
DISTRIBUTED for Conference of 9/29/2020.
2020-07-10
Waiver of right of respondent William Muinz to respond filed.
2020-05-29
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 22, 2020)

Attorneys

Michael Allen Risenhoover
Michael Allen Risenhoover — Petitioner
William Muinz
William Ke-Wei KimCalifornia Attorney General's Office, Respondent