No. 22-6752

Enrique Nunes Lopez v. Josie Gastelo, Warden

Lower Court: Ninth Circuit
Docketed: 2023-02-10
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 14th-amendment 2nd-amendment certificate-of-appealability home-defense justifiable-homicide self-defense
Latest Conference: 2023-03-03
Question Presented (from Petition)

I. Given the Second and Fourteenth Amendment rights to possess a firearm in the home for self-defense, and where the evidence tended to favor a verdict of justifiable homicide in defense of occupants of the home against armed intruders, has Petitioner presented a "debatable " issue meriting a Certificate of Appealability as to whether the State court unreasonably found that refusing defense of home instructions was not federal constitutional error, but only state law error?

II. Given the Second and Fourteenth Amendment rights to possess a gun in the home for self-defense, and where the evidence tended to favor a verdict of justifiable homicide in defense of self or others, has Petitioner presented a "debatable " issue meriting a Certificate of Appealability as to whether the state court was unreasonable in holding that the concedely erroneous instructions which improperly removed the state 's burden to prove the element of lack of justification was not federal constitutional error, but was only state law error?

Question Presented (AI Summary)

Whether the state court unreasonably found that refusing defense-of-home instructions was not federal constitutional error, but only state law error

Docket Entries

2023-03-06
Petition DENIED.
2023-02-16
DISTRIBUTED for Conference of 3/3/2023.
2023-02-13
Waiver of right of respondent Josie Gastelo to respond filed.
2023-01-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 13, 2023)
2022-11-01
Application (22A368) granted by Justice Kagan extending the time to file until January 23, 2023.
2022-10-26
Application (22A368) to extend the time to file a petition for a writ of certiorari from November 24, 2022 to January 23, 2023, submitted to Justice Kagan.

Attorneys

Enrique Lopez
Enrique Nunes Lopez — Petitioner
Josie Gastelo
Gregory A. OttCalifornia Attorney General's Office, Respondent