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Hernandez v. Peery

Pending petition
Docket No. Op. Below Argument Opinion Vote Author Term
20-6199 9th Cir. TBD TBD TBD TBD TBD

Issues: (1) Whether a Certificate of Appealability (“COA”) should routinely be granted where the state courts and state judges have divided on the merits of the constitutional question as held by the 5th and 7th Circuits, several District Courts and three justices of this Court, or should courts deny a COA despite the dispute among reasonable state jurists as held by the 9th Circuit and District Court below; (2) whether, as a threshold matter, Petitioner made a showing that reasonable jurists could debate whether his petition should have been resolved in a different manner where the California Supreme Court’s published opinion created a split with every state and lower federal court since Perry v. Leeke, which have held that a trial court order that violates the “defendant’s right to unrestricted access to his lawyer for advice on a variety of trial-related matters” is structural error, reversible per se; and (3) whether the 9th Circuit improperly looked beyond the threshold inquiry of whether a COA is merited and decided the merits without jurisdiction in contravention of this Court’s holding in Buck v. Davis, where different state court judges reached opposite conclusions on Petitioner’s constitutional claim and where all lower federal and state court authority disagrees with the California Supreme Court’s holding on this constitutional claim.

DateProceedings and Orders (key to color coding)
Oct 27 2020Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 3, 2020)
Dec 17 2020DISTRIBUTED for Conference of 1/8/2021.
Jan 05 2021Response Requested. (Due February 4, 2021)
Jan 22 2021Motion to extend the time to file a response from February 4, 2021 to March 6, 2021, submitted to The Clerk.
Jan 25 2021Motion to extend the time to file a response is granted and the time is extended to and including March 8, 2021. See Rule 30.1.
Mar 08 2021Brief of respondent Suzanne M. Peery, Warden in opposition filed.
Mar 22 2021Reply of petitioner Jacob Townley Hernandez filed.
Mar 25 2021DISTRIBUTED for Conference of 4/16/2021.
Apr 12 2021Rescheduled.
Apr 19 2021DISTRIBUTED for Conference of 4/23/2021.
Apr 21 2021Rescheduled.
Apr 26 2021DISTRIBUTED for Conference of 4/30/2021.
Apr 27 2021Rescheduled.
May 10 2021DISTRIBUTED for Conference of 5/13/2021.
May 10 2021Rescheduled.
May 17 2021DISTRIBUTED for Conference of 5/20/2021.
May 24 2021DISTRIBUTED for Conference of 5/27/2021.
Jun 01 2021DISTRIBUTED for Conference of 6/3/2021.
Jun 07 2021DISTRIBUTED for Conference of 6/10/2021.
Jun 14 2021DISTRIBUTED for Conference of 6/17/2021.
Jun 21 2021DISTRIBUTED for Conference of 6/24/2021.