No. 24-7449
Marco Antonio Casillas v. Janan Cavagnolo, Acting Warden
Response WaivedIFP
Tags: certificate-of-appealability due-process habeas-corpus ninth-circuit statutory-interpretation supreme-court-precedent
Latest Conference:
2025-09-29
Question Presented (from Petition)
1. Whether the Ninth Circuit's practice of adjudicating the ultimate merits of a habeas petition at the COA stage, often on prejudice grounds, violates this Court's decision in Buck and 28 U.S.C. § 2253(c)(2).
2. Whether Chambers and its progeny preclude courts from engaging in credibility determinations when assessing the "trustworthiness" of excluded evidence.
Question Presented (AI Summary)
Whether the Ninth Circuit's practice of adjudicating habeas petition merits at the COA stage violates Supreme Court precedent and statutory requirements, and whether courts can engage in credibility determinations when assessing excluded evidence's trustworthiness
Docket Entries
2025-10-06
Petition DENIED.
2025-07-10
DISTRIBUTED for Conference of 9/29/2025.
2025-07-07
Waiver of right of respondent Janan Cavagnolo, Acting Warden to respond filed.
2025-06-13
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 17, 2025)
Attorneys
Janan Cavagnolo, Acting Warden
Marco Antonio Casillas
Dale Francis Ogden Jr. — Federal Public Defender, Petitioner