No. 22-6349

Daniel Nepomuceno v. Erin Reyes, Superintendent, Snake River Correctional Institution

Lower Court: Ninth Circuit
Docketed: 2022-12-20
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: 28-usc-2254 constitutional-rights credibility-determination due-process federal-habeas guilty-plea habeas-corpus ineffective-assistance ineffective-assistance-of-counsel post-conviction-relief state-post-conviction-proceedings
Key Terms:
DueProcess HabeasCorpus JusticiabilityDoctri
Latest Conference: 2023-01-20
Question Presented (from Petition)

Could reasonable jurists debate whether a state court's dispositive credibility determination regarding federal constitutional rights, based on a written statement being credited over the petitioner's live testimony regarding controverted facts, with no good cause for relying on an out-of-court writing, constituted an unreasonable application of this Court's authority under 28 U.S.C. § 2254(d)(1) and an unreasonable determination of the facts under 28 U.S.C. § 2254(d)(2).

Question Presented (AI Summary)

Could reasonable jurists debate whether a state court's dispositive credibility determination regarding federal constitutional rights, based on a written statement being credited over the petitioner's live testimony regarding controverted facts, with no good cause for relying on an out-of-court writing, constituted an unreasonable application of this Court's authority under 28 U.S.C. § 2254(d)(1) and an unreasonable determination of the facts under 28 U.S.C. § 2254(d)(2)

Docket Entries

2023-01-23
Petition DENIED
2023-01-23
Petition DENIED.
2023-01-05
DISTRIBUTED for Conference of 1/20/2023.
2022-12-30
Waiver of right of respondent Erin Reyes to respond filed.
2022-12-14
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 19, 2023)

Attorneys

Daniel Nepomuceno
Stephen Reese SadyOregon Federal Public Defender, Petitioner
Erin Reyes
Benjamin Noah GutmanOregon Department of Justice, Respondent