No. 23-6037
Stephanie N. Torres v. Molly Hill, Acting Warden
Response WaivedIFP
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 Eldridge — California Department of Justice, Respondent
Stephanie N. Torres
Karyn Hilde Bucur — Law Office of Karyn H. Bucur, Petitioner