No. 20-5378

James Lynn Styers v. David Shinn, Director, Arizona Department of Corrections

Lower Court: Ninth Circuit
Docketed: 2020-08-17
Status: Denied
Type: IFP
IFP
Tags: capital-case certificate-of-appealability collateral-review eddings-standard eddings-v-oklahoma habeas-corpus mitigation-evidence ninth-circuit second-or-successive-petition
Latest Conference: 2020-10-16
Question Presented (from Petition)

Whether the Arizona Supreme Court, during reweighing on collateral review to correct its error under Eddings v. Oklahoma, 455 U.S. 104 (1982), is required to consider all available mitigation evidence, or may its review be limited to only the specific mitigation evidence that caused the initial Eddings error?

Whether the Ninth Circuit Court of Appeals applied an erroneous, heightened standard for issuance of a Certificate of Appealability when it held that no reasonable jurist could debate whether the question presented above was previously decided, and thus procedurally barred as a second or successive petition for writ of habeas corpus?

Question Presented (AI Summary)

Whether the Arizona Supreme Court is required to consider all available mitigation evidence during reweighing on collateral review to correct an Eddings error

Docket Entries

2020-10-19
Petition DENIED.
2020-10-13
Reply of petitioner James Styers submitted.
2020-10-01
DISTRIBUTED for Conference of 10/16/2020.
2020-09-16
Brief of respondent David Shinn in opposition filed.
2020-08-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 16, 2020)

Attorneys

David Shinn
Ginger JarvisAttorney General's Office, Respondent
James Styers
Julie Singleton Hall — Petitioner