Supreme Court of the United States · Official docket →
Terrence Edwin Prince v. Joe A. Lizarraga, Warden
Paid petition · United States Court of Appeals for the Ninth Circuit, No. 16-55418 · judgment May 8, 2018
Before the decision, roughly the 4.1% base rate. The model weighted this up for a Ninth Circuit decision below, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition), and down for a state or local-government respondent.
Questions presented
The Antiterrorism and Effective Death Penalty Act (AEDPA) imposes gatekeeping provisions that prohibit federal district courts from even considering the merits of a “second or successive” habeas petition raising a claim based on newly discovered evidence unless the petitioner can “establish by clear and convincing evidence that, but for constitutional error, no reasonable factfinder would have found the applicant guilty of the underlying offense.” 28 U.S.C. § 2244(b)(2)(B). Read literally, that provision would bar even a claim based on exculpatory evidence that the state had intentionally suppressed until after a petitioner filed his first habeas petition. As this Court has repeatedly held, however, “second or successive” is a term of art that does not apply to all second-intime petitions. The questions presented are:
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Is a Brady claim brought in a second-in-time habeas petition “second or successive” for purposes of AEDPA’s gatekeeping provisions when the claim is based on previously undisclosed evidence?
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Does applying AEDPA’s severely limiting gatekeeping provisions to a second-in-time petition violate the presumption against retroactivity, where the petitioner’s initial petition was filed pre-AEDPA, and the second-in-time petition would have survived under the pre-AEDPA standard?
Counsel of record
For petitioner
Robert Mark Loeb
Orrick, Herrington & Sutcliffe LLP
For respondent
Charles Shang-Rei Lee
California Attorney General's Office
Proceedings
- May 13 2019Petition DENIED.
- Apr 23 2019DISTRIBUTED for Conference of 5/9/2019.
- Apr 22 2019Reply of petitioner Terrence Edwin Prince filed.
- Apr 11 2019Certificates of Compliance and Service filed with respect to brief in opposition of respondent Joe A. Lizarraga, Warden.
- Apr 08 2019Brief of respondent Joe A. Lizarraga, Warden in opposition filed.
- Mar 05 2019Motion to extend the time to file a response is granted and the time is further extended to and including April 8, 2019.
- Feb 28 2019Motion to extend the time to file a response from March 8, 2019 to April 8, 2019, submitted to The Clerk.
- Feb 04 2019Motion to extend the time to file a response is granted and the time is extended to and including March 8, 2019.
- Jan 30 2019Motion to extend the time to file a response from February 6, 2019 to March 8, 2019, submitted to The Clerk.
- Jan 07 2019Response Requested. (Due February 6, 2019)
- Dec 26 2018DISTRIBUTED for Conference of 1/11/2019.
- Dec 14 2018Waiver of right of respondent Lizarraga, Warden to respond filed.
- Nov 19 2018Petition for a writ of certiorari filed. (Response due December 24, 2018)
- Sep 20 2018Application (18A299) granted by The Chief Justice extending the time to file until November 19, 2018.
- Sep 19 2018Application (18A299) to extend the time to file a petition for a writ of certiorari from October 18, 2018 to November 19, 2018, submitted to The Chief Justice.