No. 23-6037

Stephanie N. Torres v. Molly Hill, Acting Warden

Lower Court: Ninth Circuit
Docketed: 2023-11-17
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 28-usc-2254 aedpa attempted-murder habeas-corpus state-court-record sufficiency-of-evidence
Latest Conference: 2024-01-05
Question Presented (from Petition)

When the state court record rebuts the state court's factual findings with clear and convincing evidence pursuant to 28 U.S.C. § 2254(e)(1) may a federal court reviewing a habeas petition under the Antiterrorism and Effective Death Penalty Act of 1996 "AEDPA" pursuant to 28 U.S.C. § 2254 bypass the state court's finding and rely strictly on the state court record to adjudicate petitioner's claims?

Question Presented (AI Summary)

When may a federal court bypass a state court's factual findings and rely on the state court record to adjudicate a habeas petitioner's claims?

Docket Entries

2024-01-08
Petition DENIED.
2023-11-30
DISTRIBUTED for Conference of 1/5/2024.
2023-11-22
Waiver of right of respondent Molly Hill, Acting Warden to respond filed.
2023-11-09
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 18, 2023)

Attorneys

Molly Hill, Acting Warden
David Andrew EldridgeCalifornia Department of Justice, Respondent
Stephanie N. Torres
Karyn Hilde BucurLaw Office of Karyn H. Bucur, Petitioner