No. 24-5318

Norberto Serna v. O’Brian Bailey, Warden, et al.

Lower Court: Ninth Circuit
Docketed: 2024-08-13
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appellate-procedure certificate-of-appealability constitutional-rights due-process judicial-standard miranda-warning
Latest Conference: 2024-09-30
Question Presented (from Petition)

1. Whether the Court of Appeal imposed a certificate of appealability standard in conflict with Slack v. McDaniel, 529 U.S. 473, 484 (2000); Miller-El v. Cockrell, 537 U.S. 322, 327 (2003); and Buck v. Davis, 580 U.S. ___, 137 S.Ct. 759, 773 (2017) when it denied a certificate after petitioner demonstrated "a substantial showing of the denial of a constitutional right." 28 U.S.C. §2253(c)(2)?

Question Presented (AI Summary)

Whether the Court of Appeals imposed an incorrect standard for granting a certificate of appealability in conflict with Supreme Court precedent

Docket Entries

2024-10-07
Petition DENIED.
2024-08-22
DISTRIBUTED for Conference of 9/30/2024.
2024-08-19
Waiver of right of respondent O’Brian Bailey, Warden of Valley State Prison to respond filed.
2024-08-08
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 12, 2024)

Attorneys

Norberto Serna
James S. ThomsonJames Thomson, Attorney and Counselor at Law , Petitioner
O’Brian Bailey, Warden of Valley State Prison
David M. BaskindCalifornia Department of Justice, Respondent