No. 23A271

Atif Ahmad Rafay v. Eric Jackson

Lower Court: Ninth Circuit
Docketed: 2023-09-27
Status: Presumed Complete
Type: A
Experienced Counsel
Tags: AEDPA coerced-confession fifth-amendment fourteenth-amendment involuntary-statements undercover-police-techniques
Latest Conference: N/A
Question Presented (from Petition)

Whether a state court applies law "contrary to" this Court's precedents under the Antiterrorism and Effective Death Penalty Act of 1996 when it resolves a coerced-confession claim under a foreign legal standard that is different from the one applied under the U.S. Constitution.

Whether courts may decline to address one of the primary grounds for relief asserted by a habeas petitioner.

Question Presented (AI Summary)

Whether a state court violates the Antiterrorism and Effective Death Penalty Act by applying a legal standard different from that required by the Fifth and Fourteenth Amendments in evaluating whether a confession was coerced through undercover police techniques involving threats of violence, and whether appellate courts may decline to address a habeas petitioner's primary claim regarding the involuntariness of incriminating statements

Docket Entries

2023-09-27
Application (23A271) granted by Justice Kagan extending the time to file until December 4, 2023.
2023-09-25
Application (23A271) to extend the time to file a petition for a writ of certiorari from October 5, 2023 to December 4, 2023, submitted to Justice Kagan.

Attorneys

Atif Ahmad Rafay
Daniel Hirotsu WoofterGoldstein, Russell & Woofter LLC, Petitioner