No. 22-7005

Lino Alberto Chavez v. Kris Mayes, Attorney General of Arizona, et al.

Lower Court: Ninth Circuit
Docketed: 2023-03-13
Status: Denied
Type: IFP
Response WaivedIFP
Tags: aedpa-deference anders-review anders-v-california federal-review habeas-corpus indigent-appeals post-conviction-relief smith-v-robbins state-court-procedure state-court-procedures
Latest Conference: 2023-04-14
Question Presented (from Petition)

1. When a state court decision holds that "no Anders-type review is required" in an instance in which all parties concede that Anders applies, and no other language from the state court opinion indicates that it evaluated the case under Anders or applied the standard of Anders or its progeny, must the district court nonetheless apply an inference that the state court knows and applies the law in order to grant that decision AEDPA deference?

2. Did the court of appeals read Anders and Smith v. Robbins so narrowly as to effectively render it dead letter by:

(A) requiring that state procedures need to be exactly the same as those already held unconstitutional by this court in order to be "contrary to" clearly established federal law under 28 U.S.C. § 2254(d)(1); and

(B) ignoring the holding of Robbins, which requires that any state procedure for indigent appeals be "superior to, or at least as good as" those promulgated by this Court in Anders, and which clearly lays out certain procedures which do not satisfy this standard, and instead holding that "a fairminded jurist could conclude" a state procedure, which contains procedures that were held to be insufficient by Robbins, satisfies the requirements of Anders and Robbins, when evaluating whether a state procedure is "an unreasonable interpretation" of clearly established federal law under 28 U.S.C. § 2254(d)(2)?

Question Presented (AI Summary)

Whether the district court must apply AEDPA deference to a state court decision that Anders review is not required in a Rule 32 proceeding

Docket Entries

2023-04-17
Petition DENIED.
2023-03-30
DISTRIBUTED for Conference of 4/14/2023.
2023-03-27
Waiver of right of respondent Ryan Thornell, et al. to respond filed.
2023-03-06
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 12, 2023)
2022-12-21
Application (22A556) granted by Justice Kagan extending the time to file until March 6, 2023.
2022-12-13
Application (22A556) to extend the time to file a petition for a writ of certiorari from January 5, 2023 to March 6, 2023, submitted to Justice Kagan.

Attorneys

Lino Chavez
Randal Boyd McDonaldLaw Office of Randal B. McDonald, Petitioner
Ryan Thornell, et al.
Andrew Stuart ReillyOffice of the Attorney General, Respondent