No. 23-6868

David Wayne Nelson v. Jim Salmonsen, et al.

Lower Court: Ninth Circuit
Docketed: 2024-02-29
Status: Denied
Type: IFP
Response WaivedIFP
Tags: certificate-of-appealability due-process equal-protection evidentiary-hearing habeas-corpus judicial-procedure prosecutorial-misconduct
Latest Conference: 2024-03-22
Question Presented (from Petition)

Did the U.S. court of appeals err when it denied a Certificate of Appealability and/or remand to the district court to allow the petitioner (Nelson) to review the record that was requested by the district court from the state fand challenge the correctness of them?

Did the U.S. court of appeals err by allowing the district court to depart "from the accepted and usual course of judicial proceedings" and dismiss Nelson's habeas corpus petition without an opportunity to respond and/or argue against dismissal?

Did the U.S. court of appeals err when it did not grant a COA and/or remand for reconsideration of Nelson's request for an evid entiary hearing when the record shows that he requested a hearing in the state post-conviction court to challenge the states version of the events regarding his prosecutorial misconduct claim?

Did the U.S. court of appeals err in finding "that jurists of reason would [NOT] find it debatable whether the district court correct in its procedural ruling" when the district court gave def- ference to the state court's ruling on Nelson's prosecutorial mis conduct claim, when the factual development of the claim was in sufficient as well as incorrect when Nelson was not given any oppor tunity to challenge or rebut the findings in the state or federal.-, court?was

Did the U.S. court of appeals deny Nelson's "right to be heard" that the due process and equal protection clause of Amendndment 14 of the United States Constitution affords?

Question Presented (AI Summary)

Did the U.S. court of appeals err in its rulings on the petitioner's habeas corpus petition?

Docket Entries

2024-03-25
Petition DENIED.
2024-03-07
DISTRIBUTED for Conference of 3/22/2024.
2024-03-06
Waiver of right of respondent Jim Salmonsen, et al. to respond filed.
2024-02-16
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 1, 2024)

Attorneys

David W. Nelson
David W. W. Nelson — Petitioner
Jim Salmonsen, et al.
Mardell Lynn PloyharMontana Attorney General's Office, Respondent