No. 20-7176

Jeffrey S. Davis v. David Shinn, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al.

Lower Court: Ninth Circuit
Docketed: 2021-02-19
Status: Denied
Type: IFP
Response WaivedIFP
Tags: arizona-law certificate-of-appealability court-of-appeals district-court habeas-petition judicial-review legal-error procedural-default
Latest Conference: 2021-04-16
Question Presented (from Petition)

I. Did the Court of Appeals error by not addressing the Certified questions from the district Courts Certificate of Appeal of Inquiry (COD) as granted Petitioner?

2. Did the Court Appeals error by treating Petitioner's petition as a habeas petition when it was an appeal of an administratively determined Rule 11(a)(2)?

3. Did the Court of Appeals error in that it did not address in its findings that Petitioner had misled the district Court on issue of diligence, even though the lower addressed this exact issue with extensive brief no Petitioner it found error in inner?

4. Did the Court of Appeals Commit legal error in dismissing Petitioner's argument that Cause B erroneous any procedural default was also occasioned by Arizona's Confusing Scheme between USJ and IMDP4?

Question Presented (AI Summary)

Did the Court of Appeals err by not addressing the certified questions from the district court?

Docket Entries

2021-04-19
Petition DENIED.
2021-04-15
Waiver of right of respondent Dora B. Schriro, Warden, et al. to respond filed.
2021-04-01
DISTRIBUTED for Conference of 4/16/2021.
2021-02-09
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 22, 2021)

Attorneys

Dora B. Schriro, Warden, et al.
Kathryn A. DamstraOffice of the Arizona Attorney General, Respondent
Jeffrey S. Davis
Jeffrey S. Davis — Petitioner