Thornell v. Bieganski
Pending petition
Issue: Whether the U.S. Court of Appeals for the 9th Circuit failed to apply the correct deferential standard of review, as set out in 28 U.S.C. § 2254(d), and also misapplied this court’s precedents, set out in Martin v. Ohio and Patterson v. New York, regarding when an affirmative defense improperly shifts the burden of proof to a criminal defendant, in violation of the due process clause.