No. 21-5166

Leobardo Valladares v. Craig Koenig, Warden

Lower Court: Ninth Circuit
Docketed: 2021-07-22
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: criminal-procedure cumulative-error due-process evidentiary-hearing first-degree-murder ineffective-assistance jury-instructions reasonable-doubt standard-of-proof sufficiency-of-evidence
Latest Conference: 2021-09-27
Question Presented (from Petition)

I. Did the Prosecution Fail to Prove Beyond a
Reasonable Doubt That Valladares Committed First
Degree Murder?

II. Did Trial Counsel Render Ineffective Assistance by
Failing to Investigate and to Present a Trauma
Expert?

III. Did the California Courts' Unreasonable Refusal to
Hold a Federal Evidentiary Hearing, Entitle
Valladares to an Evidentiary Hearing?

IV. Did the Trial Court Deprive Valladares of Due
Process and a Fair Trial by Prejudicially Instructing
the Jury with CALCRIM Nos. 3472 and/or 3474?

V. Did the Trial Court's Failure to Issue a Unanimity
Instruction Deprive Valladares of Due Process and a
Fair Trial?

VI. Did the Trial Court's Refusal to Allow the Jury to
Test Fire the Gun Deprive Valladares of Due Process
and a Fair Trial?

VII. Did the Cumulative Effect of the Errors Render
Valladares' Trial Unfair?

Question Presented (AI Summary)

Did the Prosecution Fail to Prove Beyond a Reasonable Doubt That Valladares Committed First Degree Murder?

Docket Entries

2021-10-04
Petition DENIED.
2021-07-29
DISTRIBUTED for Conference of 9/27/2021.
2021-07-27
Waiver of right of respondent Craig Koenig to respond filed.
2021-07-15
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 23, 2021)

Attorneys

Craig Koenig
Christopher P. BeesleyOffice of the Atty. Gen. of the State of CA, Respondent
Leobardo Valladares
Rose Fay ArfaFay Arfa, A Law Corporation, Petitioner