No. 22-5109

Teddy Brian Sanchez v. Ronald Broomfield, Warden

Lower Court: Ninth Circuit
Docketed: 2022-07-15
Status: Denied
Type: IFP
IFP
Tags: attorney-error brain-dysfunction capital-sentencing capital-trial circuit-split cumulative-error ineffective-assistance ineffective-assistance-of-counsel ninth-circuit penalty-phase prejudice-standard
Latest Conference: 2022-10-14
Question Presented (from Petition)

1. Did the Ninth Circuit err when it found that Petitioner's "organic" brain dysfunction was not enough of a red flag to trigger a duty for trial counsel to investigate it for use at the penalty phase of Petitioner's capital trial?

2. Must the errors of counsel at the penalty phase of a capital trial be assessed cumulatively for the purpose of establishing prejudice, and if so, should the Ninth Circuit have issued a certificate of appealability on Petitioner's claim of cumulative error?

Question Presented (AI Summary)

Whether the Ninth Circuit erred in finding that the petitioner's 'organic' brain dysfunction was not enough of a 'red flag' to trigger a duty for trial counsel to investigate it for use at the penalty phase of the petitioner's capital trial

Docket Entries

2022-10-17
Petition DENIED.
2022-09-29
DISTRIBUTED for Conference of 10/14/2022.
2022-09-20
Reply of petitioner Teddy Sanchez filed.
2022-09-13
2022-08-01
Motion to extend the time to file a response is granted and the time is extended to and including September 14, 2022.
2022-07-27
Motion to extend the time to file a response from August 15, 2022 to September 14, 2022, submitted to The Clerk.
2022-07-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 15, 2022)
2022-05-03
Application (21A676) granted by Justice Kagan extending the time to file until July 10, 2022.
2022-04-27
Application (21A676) to extend the time to file a petition for a writ of certiorari from May 11, 2022 to July 10, 2022, submitted to Justice Kagan.

Attorneys

Ron Broomfield
Rachelle Anne NewcombAttorney General's Office, Respondent
Teddy Sanchez
David Hare Harshaw IIIFederal Defender Eastern District of California, Petitioner