No. 22-5867

Monica McCarrick v. Janelle Espinoza, Warden

Lower Court: Ninth Circuit
Docketed: 2022-10-18
Status: Denied
Type: IFP
Response WaivedIFP
Tags: constitutional-rights criminal-procedure due-process evidence first-degree-murder meaningful-defense mental-health paranoid-delusions premeditation trial-court-evidence
Latest Conference: 2022-11-10
Question Presented (from Petition)

1. Does an objectively unreasonable violation of the Constitutional right to present a meaningful defense occur when a trial court prevents a defendant from presenting evidence supporting her sole defense to first degree murder that she was unable to premeditate and deliberate because she suffered from paranoid delusions (not hallucinations)?

Question Presented (AI Summary)

Does an objectively unreasonable violation of the Constitutional right to present a meaningful defense occur when a trial court prevents a defendant from presenting evidence supporting her sole defense to first degree murder?

Docket Entries

2022-11-14
Petition DENIED
2022-11-14
Petition DENIED.
2022-10-26
DISTRIBUTED for Conference of 11/10/2022.
2022-10-20
Waiver of right of respondent Espinoza, Warden to respond filed.
2022-09-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 17, 2022)

Attorneys

Espinoza, Warden
Jill M. ThayerCalifornia Attorney General's Office, Respondent
Monica McCarrick
Erin J. Radekin — Petitioner