No. 22-6156

Peter Ivan McNeal v. Dean Borders, Warden

Lower Court: Ninth Circuit
Docketed: 2022-11-28
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: criminal-procedure due-process eighth-amendment evidentiary-hearing exculpatory-evidence habeas-corpus ineffective-assistance ineffective-assistance-of-counsel memory-expert taint-expert trial-counsel
Latest Conference: 2023-01-06
Question Presented (from Petition)

Whether the California courts' unreasonable refusal to hold an evidentiary hearing on petitioner's claims of ineffective assistance of counsel, combined with the prosecution's failure to present sufficient evidence to sustain the conviction and trial counsel's failure to investigate and present exculpatory evidence, expert testimony on memory and taint, and the cumulative effect of these errors rendering the trial fundamentally unfair, violates the Fifth, Sixth, Eighth, and Fourteenth Amendments to the United States Constitution.

Question Presented (AI Summary)

Whether the prosecution presented sufficient evidence to sustain the conviction

Docket Entries

2023-01-09
Petition DENIED.
2022-12-08
DISTRIBUTED for Conference of 1/6/2023.
2022-12-05
Waiver of right of respondent Dean Borders, Warden to respond filed.
2022-11-16
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 28, 2022)

Attorneys

Dean Borders, Warden
Julie Ann HarrisOffice of the Attorney General, Respondent
Peter McNeal
Rose Fay ArfaFay Arfa, A Law Corporation, Petitioner