No. 24-5018

Maureen McDermott v. Anissa De La Cruz, Warden

Lower Court: Ninth Circuit
Docketed: 2024-07-08
Status: Denied
Type: IFP
IFP
Tags: aedpa aedpa-standard batson-challenge clearly-established-federal-law darden-v-wainwright death-penalty-review due-process ninth-circuit-review parker-v-matthews prosecutorial-misconduct
Latest Conference: 2024-11-01
Question Presented (from Petition)

QUESTION ONE:

Every federal judge reviewing Maureen McDermott's prosecutorial
misconduct claim (four judges, including the district court and each judge of a
Ninth Circuit panel) has concluded that the misconduct in her case amounts
to a prejudicial due process violation. Nonetheless, McDermott's death
sentence remains intact.

Did the Ninth Circuit's denial of relief rest on a misapprehension of
what constitutes clearly established federal law under this Court's decision in
Parker v. Matthews, 567 U.S. 37 (2012), stating that the law regarding a
prosecutor's improper comments was "clearly established" by Darden v.
Wainwright, 477 U.S. 168 (1986)?

QUESTION TWO:

No state court conducted a comparative juror analysis when evaluating
McDermott's Batson claim. Did the Ninth Circuit's denial of this claim
conflict with 28 U.S.C. § 2254(d)(2) and this Court's decisions, which require
deference to the state court's factual findings only when it considers relevant
facts?

Question Presented (AI Summary)

Did the Ninth Circuit's denial of relief rest on a misapprehension of what constitutes clearly established federal law under this Court's decision in Parker v. Matthews?

Docket Entries

2024-11-04
Petition DENIED.
2024-10-17
DISTRIBUTED for Conference of 11/1/2024.
2024-10-15
2024-10-02
Brief of respondent Anissa De La Cruz, Warden in opposition filed.
2024-10-02
2024-08-26
Motion to extend the time to file a response is granted and the time is extended to and including October 7, 2024. See Rule 30.1.
2024-08-22
Motion of Anissa De La Cruz, Warden for an extension of time submitted.
2024-08-22
Motion to extend the time to file a response from September 6, 2024 to October 6, 2024, submitted to The Clerk.
2024-07-16
Motion to extend the time to file a response is granted and the time is extended to and including September 6, 2024.
2024-07-15
Motion of Deborah K. Johnson for an extension of time submitted.
2024-07-15
Motion to extend the time to file a response from August 7, 2024 to September 6, 2024, submitted to The Clerk.
2024-07-02
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 7, 2024)

Attorneys

Deborah K. Johnson
Douglas Lee WilsonAttorney General's Office, Respondent
Maureen McDermott
Lauren CollinsOffice of the Federal Public Defender, Petitioner