No. 25-6496

Paul D. Carr v. Jeff Macomber, Secretary, California Department of Corrections and Rehabilitation

Lower Court: Ninth Circuit
Docketed: 2026-01-06
Status: Pending
Type: IFP
IFP
Tags: brady-violation criminal-procedure evidence-tampering habeas-corpus ineffective-assistance-of-counsel pinholster-exception
Key Terms:
HabeasCorpus Securities
Latest Conference: 2026-03-06
Question Presented (from Petition)

1) Does this court's decision in Cullen v. Pinholster, 563 U.S.170;
131 S.CT. 1388 (2011), permit an exception whereby federal
courts may consider newly developed evidence when the failure
to develop that evidence in state court was a result of inade
quate-legal representation and the constrained process that
hampers the development of the factual record?

2) Does this court's decision in Slack v. McDaniel . 529 U.S'. 473;
120 S.CT. 1595 (2000), be permitted to allow a "safety Valve."
from Pinholster's ban on evaluating hew evidence under Slack^*s
clause that the issues presented are "adequate to deserve en
couragement to proceed! further" with the appellate process?

Question Presented (AI Summary)

Does the Cullen v. Pinholster decision permit an exception for federal courts to consider newly developed evidence when state court representation was inadequate?

Docket Entries

2026-02-19
DISTRIBUTED for Conference of 3/6/2026.
2025-12-22
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 5, 2026)
2025-11-14
Application (25A567) granted by Justice Kagan extending the time to file until December 28, 2025.
2025-10-03
Application (25A567) to extend the time to file a petition for a writ of certiorari from October 29, 2025 to December 28, 2025, submitted to Justice Kagan.

Attorneys

Paul D. Carr
Paul D. Carr — Petitioner