No. 20-8093

Martin James Kipp v. Ron Broomfield, Acting Warden

Lower Court: Ninth Circuit
Docketed: 2021-05-20
Status: Denied
Type: IFP
IFP
Tags: bible-reading biblical-reference capital-punishment capital-trial constitutional-rights external-influence habeas-corpus jury-deliberation jury-deliberations mattox-v-united-states presumed-prejudice remmer-v-united-states
Latest Conference: 2021-09-27
Question Presented (from Petition)

Whether clearly established federal law requires that a habeas petitioner's claim that his constitutional rights were violated because a juror read passages from the Bible to other jurors during capital-sentencing deliberations be analyzed under the presumed prejudice rule of Mattox v. United States, 146 U.S. 140, 150 (1892), and Remmer v. United States, 347 U.S. 227, 229 (1954), because the Bible-reading is an impermissible external influence on the jury's deliberations and verdict.

Question Presented (AI Summary)

Whether clearly established federal law requires that a habeas petitioner's claim that his constitutional rights were violated because a juror read passages from the Bible to other jurors during capital-sentencing deliberations be analyzed under the presumed prejudice rule of Mattox v. United States, 146 U.S. 140, 150 (1892), and Remmer v. United States, 347 U.S. 227, 229 (1954)

Docket Entries

2021-10-04
Petition DENIED.
2021-08-05
DISTRIBUTED for Conference of 9/27/2021.
2021-08-04
Reply of petitioner Martin Kipp filed. (Distributed)
2021-07-21
Brief of respondent Ron Broomfield, Acting Warden in opposition filed.
2021-06-16
Motion to extend the time to file a response is granted and the time is extended to and including July 21, 2021.
2021-06-15
Motion to extend the time to file a response from June 21, 2021 to July 21, 2021, submitted to The Clerk.
2021-05-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 21, 2021)

Attorneys

Martin Kipp
Mark R. DrozdowskiOffice of the Federal Public Defend, Petitioner
Ron Broomfield, Acting Warden
Randall D. EinhornCalifornia Attorney General, Respondent