No. 20-6645

Joe Cervantes, Jr. v. David Shinn, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al.

Lower Court: Ninth Circuit
Docketed: 2020-12-17
Status: Denied
Type: IFP
IFP
Tags: aedpa aedpa-limitations constitutional-violation due-process federal-review habeas-corpus jury-trial notice-of-charges void-for-vagueness void-statutes
Key Terms:
Securities
Latest Conference: 2021-02-19
Question Presented (from Petition)

1. Does AEDPA v deprive federal courts of the power and obligation to review claims—Not previously known and could NOT have been known through reasonable diligence but were promptly raised after the basis was discovered — that a defendant was convicted under void state statutes which violate federal constitutional law and that did NOT apply to the alleged conduct of the conviction case?

2. Did both the Ninth Circuit and district court ERR in concluding that they barred the void for vagueness claims, and denial of jury trial and notice of charges claims, the basis of which was NOT previously known by Cervantes?

Question Presented (AI Summary)

Does AEDPA deprive federal courts of the power and obligation to review claims not previously known and could not have been known through reasonable diligence but were promptly raised after the basis was discovered - that a defendant was convicted under void state statutes which violate federal constitutional law and that did not apply to the alleged conduct of the conviction?

Docket Entries

2021-02-22
Petition DENIED.
2021-02-04
DISTRIBUTED for Conference of 2/19/2021.
2020-11-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 19, 2021)

Attorneys

Joe Cervantes
Joe Cervantes Jr. — Petitioner