Eaton v. Pacheco
Petition for certiorari denied on May 18, 2020
Issue: (1) Whether a state court has adjudicated the performance prong of a Strickland v. Washington claim on the merits within the meaning of 28 U.S.C. § 2254(d) when the habeas petitioner alleges different performance deficiencies supported by new evidence that fundamentally alters the claim that was presented to the state court; (2) whether 28 U.S.C. § 2254(d)(2) is triggered by unfair state court fact-finding procedures; and (3) whether the appropriate standard of review for a federal habeas petition is waivable by the petitioner.
| Date | Proceedings and Orders |
|---|---|
| 12/10/2019 | Application (19A678) to extend the time to file a petition for a writ of certiorari from December 26, 2019 to February 24, 2020, submitted to Justice Sotomayor. |
| 12/16/2019 | Response to application from respondent filed. |
| 12/20/2019 | Application (19A678) granted by Justice Sotomayor extending the time to file until February 24, 2020. |
| 12/26/2019 | Reply of applicant received. |
| 02/24/2020 | Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 30, 2020) |
| 03/30/2020 | Brief of respondent Mike Pacheco, Warden in opposition filed. |
| 04/13/2020 | Reply of petitioner Dale Eaton filed. (Distributed) |
| 04/16/2020 | DISTRIBUTED for Conference of 5/1/2020. |
| 04/27/2020 | Rescheduled. |
| 05/11/2020 | DISTRIBUTED for Conference of 5/15/2020. |
| 05/18/2020 | Petition DENIED. Justice Gorsuch took no part in the consideration or decision of this petition. |