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Jideofor Ajaelo v. Raymond Madden, Warden

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 17-16315 · judgment August 18, 2017


Certiorari denied · January 22, 2018
Pre-decision estimate: 2% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

Could a jurist of reason construe 28 USC § 2244(d)(1)(C) to include decisions by a state Supreme Court as well as the United States Supreme Court? Did the trial court denied petitioner his Fourteenth Amendment Due Process right to a fair trial, and Sixth Amendment right to proof beyond a reasonable doubt before a jury, by instructing the jury that they could find petitioner guilty of premeditated and deliberated first degree murder as the natural and probable consequence of the offense of discharging a firearm from a vehicle, given the California Supreme Court’s later construction of the murder statute that forbids finding an accomplice guilty of that type of murder on a natural and probable consequences theory of liability? LIST OF ALL PARTIES Petitioner JIDEOFOR AJAELO. Respondents PEOPLE OF THE STATE OF CALIFORNIA.

Counsel of record

For petitioner
Robert Joseph Beles

For respondent
Gregory A. Ott
California Attorney General's Office

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Jan 22 2018
    Petition DENIED.
  2. Jan 03 2018
    DISTRIBUTED for Conference of 1/19/2018.
  3. Dec 18 2017
    Waiver of right of respondent Raymond Madden, Warden to respond filed.
  4. Nov 14 2017
    Petition for a writ of certiorari filed. (Response due December 20, 2017)