No. 22-860

Chene Devonne Manley v. Ryan Thornell, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al.

Lower Court: Ninth Circuit
Docketed: 2023-03-09
Status: Denied
Type: Paid
Response Waived
Tags: certificate-of-appealability chiari-malformation due-process fourteenth-amendment habeas-corpus newly-discovered-evidence sentencing-determination
Latest Conference: 2023-04-14
Question Presented (from Petition)

Does the Due Process Clause of the Constitution's Fourteenth Amendment entitle an applicant to a certificate of appealability regarding a state prisoner's petition for writ of habeas corpus, where the Ninth Circuit Court of Appeals' denial of a certificate and its denial of reconsideration failed to address and correct the federal District Court's (improper) denial of a claim for an evidentiary hearing and for subsequent resentencing, based on newly discovered evidence of a rare congenital condition (Chiari Malformation) with severe medical, emotional, behavioral, psychological, and neurological effects clearly material to a sentencing court's determination of her level of personal culpability for the underlying criminal offense in deciding whether to impose a natural life sentence with no possibility of parole or a life sentence with possibility of parole after serving twenty-five (25) calendar years, where the condition was first discovered by a medical specialist long after sentencing but unquestionably existed at time of offense and sentencing?

Question Presented (AI Summary)

Does the Due Process Clause of the Constitution's Fourteenth Amendment entitle an applicant to a certificate of appealability regarding a state prisoner's petition for writ of habeas corpus

Docket Entries

2023-04-17
Petition DENIED.
2023-03-29
DISTRIBUTED for Conference of 4/14/2023.
2023-03-22
Waiver of right of respondents Mayes, et al. to respond filed.
2023-03-01

Attorneys

Chene Devonne Manley
Michael Philip DeneaMichael P. Denea, PLC, Petitioner
Mayes, et al.
Jimmy Dale NielsenOffice of the Arizona Attorney General, Respondent