No. 21-7925

Robert Wallace Smith v. United States

Lower Court: Ninth Circuit
Docketed: 2022-05-19
Status: Denied
Type: IFP
Response WaivedIFP
Tags: brady-violation certificate-of-appealability civil-procedure equal-protection habeas-corpus ineffective-assistance ineffective-assistance-of-counsel ninth-circuit procedural-default standing
Latest Conference: 2022-06-16
Question Presented (from Petition)

1) Did the Ninth Circuit err by deciding the merit of an appeal not properly
before the court to justify the denial of certificate of appealability.

2) Has the Supreme Court of the United States everturned its.own precedent in
Buck v. Davis, S.Ct. 759 (2017); Trevino v. Thaler, 133 S.Ct. 1911 (2013);
Martinez v. Ryan, 566 U.S. 1 (2012); and Massaro v. United States, 123 S.Ct.
1690 (2003J. Where this court decided that a procedural default would not bar
a claim of ineffective assistance of trial^counsel, when collateral proceeding
was the firdt place to challenge a conviction on a ground of ineffective
iassistance.

3) Has the Supreme Court of the United States overturned its precedent in
Brady v. Maryland, 83 S.Ct. 1194 (1963); Arizona v. Youngblood, 109 S.Ct.
885 (1988); and United States v. Agurs 96 S.Ct. 2392 (1976). Where if there
is evidence that is favorable to the defense that it should be handed over.

4) Does the Supreme Court decision in Buck v. Davis violate the equal protection
of the law, where it allows a different standard of review for state prisoners
as compared to federal prisoners who are similary situated.

Question Presented (AI Summary)

Did the Ninth Circuit err by deciding the merit of an appeal not properly before the court to justify the denial of certificate of appealability

Docket Entries

2022-06-21
Petition DENIED.
2022-06-01
DISTRIBUTED for Conference of 6/16/2022.
2022-05-24
Waiver of right of respondent United States to respond filed.
2022-05-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 21, 2022)
2022-03-11
Application (21A498) granted by Justice Kagan extending the time to file until May 12, 2022.
2022-03-03
Application (21A498) to extend the time to file a petition for a writ of certiorari from March 13, 2022 to May 12, 2022, submitted to Justice Kagan.

Attorneys

Robert Wallace Smith
Robert Wallace Smith — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent