No. 22-5225

Craig Anthony Ross v. Ron Bloomfield, Warden

Lower Court: Ninth Circuit
Docketed: 2022-07-29
Status: Denied
Type: IFP
IFP
Tags: aider-and-abettor aiding-and-abetting cabana-v-bullock death-penalty enmund-v-florida habeas-corpus intent-to-kill jury-instructions murder-first-degree ninth-circuit-review shared-intent
Latest Conference: 2022-10-28
Question Presented (from Petition)

1. Did the Ninth Circuit err under Title 28, United States Code, Section 2254(d)(1) in affirming that the jury instructions given by the California Supreme Court comported with the shared intent requirement set forth in Enmund?

2. If so, does this Court's decision in Cabana v. Bullock, 474 U.S. 376 (1986), which required that evidence of the shared intent to murder of the aider and abettor appear in the record of the state court proceedings, mandate that this case be sent back to the state court to determine if such a finding exists?

Question Presented (AI Summary)

Did the Ninth Circuit err under Title 28, United States Code, Section 2254(d)(1) in affirming that the jury instructions given by the California Supreme Court comported with the shared intent requirement set forth in Enmund?

Docket Entries

2022-10-31
Petition DENIED.
2022-10-06
DISTRIBUTED for Conference of 10/28/2022.
2022-09-28
Reply of petitioner Craig Anthony Ross filed.
2022-09-20
2022-08-09
Motion to extend the time to file a response is granted and the time is extended to and including September 28, 2022.
2022-08-08
Motion to extend the time to file a response from August 29, 2022 to September 28, 2022, submitted to The Clerk.
2022-07-27
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 29, 2022)

Attorneys

Craig Anthony Ross
Jerry L. Newton — Petitioner
Ron Bloomfield, Warden
Steven Edward MercerCalifornia Attorney General's Office, Respondent