No. 20-7110

David Falcon v. Neil McDowell, Warden

Lower Court: Ninth Circuit
Docketed: 2021-02-10
Status: Denied
Type: IFP
Response WaivedIFP
Tags: aedpa alibi-defense criminal-procedure habeas-corpus ineffective-assistance miranda-hearing miranda-rights police-misconduct police-testimony right-to-counsel strickland-standard
Latest Conference: 2021-03-19
Question Presented (from Petition)

David Falcon was convicted of murder based on an incident where two men approached and shot a stranger in a public park. Falcon's counsel raised an alibi defense. Mid-trial, defense counsel moved to suppress Falcon's alleged custodial statements admitting he was present at the scene of the shooting. Defense counsel argued that the detectives who interrogated Falcon violated his rights under Miranda v. Arizona.

The first question presented is: Was trial counsel prejudicially ineffective when he failed to introduce, at the suppre

Question Presented (AI Summary)

Whether the Ninth Circuit erred in denying habeas relief on petitioner's claims of ineffective assistance of trial counsel

Docket Entries

2021-03-22
Petition DENIED.
2021-02-25
DISTRIBUTED for Conference of 3/19/2021.
2021-02-18
Waiver of right of respondent Neil McDowell to respond filed.
2021-01-27
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 12, 2021)

Attorneys

David Falcon
Stephanie AdraktasLaw Office of Stephanie Ardraktas, Petitioner
Neil McDowell
Ernesto Carlos DominguezCalifornia Attorney General's Office, Respondent