No. 22-7113

Atdom Mikels Patsalis v. Ryan Thornell, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al.

Lower Court: Ninth Circuit
Docketed: 2023-03-27
Status: Denied
Type: IFP
Response RequestedResponse WaivedRelisted (2)IFP Experienced Counsel
Tags: aggregate-length-of-sentences cruel-and-unusual-punishment eighth-amendment habeas-corpus proportionality term-of-years-sentences
Latest Conference: 2023-09-26 (distributed 2 times)
Question Presented (from Petition)

1. When a state court expressly refuses to consider a petitioner's constitutional claim, has that court nevertheless adjudicated that claim "on the merits" for purposes of § 2254(d)?

2. Has this Court clearly established, through over a century of Eighth Amendment proportionality cases, that "challenges to the length of term-of-years sentences given all the circumstances in a particular case," Graham v. Florida, 560 U.S. 48, 59 (2010), extend to the aggregate length of multiple sentences?

Question Presented (AI Summary)

Whether a state court's express refusal to consider a petitioner's constitutional claim constitutes an adjudication on the merits under 28 U.S.C. § 2254(d)

Docket Entries

2023-10-02
Petition DENIED.
2023-07-06
DISTRIBUTED for Conference of 9/26/2023.
2023-06-27
Reply of petitioner Atdom Mikels Patsalis filed.
2023-06-16
Brief of respondent Ryan Thornell, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al. in opposition filed.
2023-05-08
Motion to extend the time to file a response is granted and the time is extended to and including June 16, 2023.
2023-05-05
Motion to extend the time to file a response from May 17, 2023 to June 16, 2023, submitted to The Clerk.
2023-04-17
Response Requested. (Due May 17, 2023)
2023-04-06
DISTRIBUTED for Conference of 4/21/2023.
2023-03-31
Waiver of right of respondent Ryan Thornell, et al. to respond filed.
2023-03-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 26, 2023)
2023-01-12
Application (22A630) granted by Justice Kagan extending the time to file until March 24, 2023.
2022-01-10
Application (22A630) to extend the time to file a petition for a writ of certiorari from January 23, 2023 to March 24, 2023, submitted to Justice Kagan.

Attorneys

Atdom Patsalis
Keith James HilzendegerFederal Public Defender, District of Arizona, Petitioner
Ryan Thornell, et al.
Jimmy Dale NielsenOffice of the Arizona Attorney General, Respondent