No. 25-1164

Robert R.D. Callioux v. Tim Lang, Secretary, Washington State Department of Corrections, et al.

Lower Court: Ninth Circuit
Docketed: 2026-04-09
Status: Pending
Type: Paid
Tags: AEDPA-deference certificate-of-appealability exculpatory-witness habeas-corpus ineffective-assistance-of-counsel Sixth-Amendment
Latest Conference: N/A
Question Presented (from Petition)

1. Whether the "independent judgment" required of federal courts under Article III, as reaffirmed in Loper Light Enterprises v. Raimondo, 603 U.S. 369 (2024), renders the deferential standard of review for AEDPA, 28 U.S.C. § 2254(d), unconstitutional.

2. Whether a Certificate of Appealability should issue where trial counsel failed to call a known exculpatory witness whose testimony would have established reasonable doubt, and whether such conduct constituted ineffective assistance of counsel under the Sixth Amendment and Strickland v. Washington?

Question Presented (AI Summary)

Whether the deferential standard of review under the Antiterrorism and Effective Death Penalty Act (AEDPA), 28 U.S.C. § 2254(d), is unconstitutional under Article III as interpreted in Loper Light Enterprises v. Raimondo, and whether trial counsel's failure to call a known exculpatory witness constitutes ineffective assistance of counsel under the Sixth Amendment and Strickland v. Washington

Docket Entries

2026-04-02
Petition for a writ of certiorari filed. (Response due May 11, 2026)

Attorneys

Robert R.D. Callioux
Derek Thomas ConomConom Law Firm PLLC, Petitioner