No. 20-6826

Melissa Dean-Baumann v. Janelle Espinoza, Warden

Lower Court: Ninth Circuit
Docketed: 2021-01-14
Status: Denied
Type: IFP
IFP Experienced Counsel
Tags: aedpa due-process evidentiary-hearing habeas-corpus ineffective-assistance-of-counsel martinez martinez-exception state-habeas-petition
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2021-03-19
Question Presented (from Petition)

This case presents questions about the AEDPA:

I. Do the California Courts' Denials Bar Dean-Baumann's Federal Claims? ; Does Martinez Apply to Ineffective Assistance of Trial and Appellate Counsel Claims Raised in a State Habeas Petition?

II. Did the Trial Court's Failure to Instruct on the Lesser Included Misdemeanor Offense Deny Dean-Baumann Her Federal and State Constitutional Due Process Rights?

III. Should Dean-Baumann Get an Evidentiary Hearing on Her Claims? ; Did the Courts Unreasonably Refuse to Hold an Evidentiary Hearing?

Question Presented (AI Summary)

Whether the California courts' denials bar Dean-Baumann's federal claims

Docket Entries

2021-03-22
Petition DENIED.
2021-03-04
DISTRIBUTED for Conference of 3/19/2021.
2021-01-05
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 16, 2021)

Attorneys

Melissa Dean-Baumann
Rose Fay ArfaFay Arfa, A Law Corporation, Petitioner