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Robert S. Ortloff, aka Robert Stanley Ortloff v. Mark Brnovich, Attorney General of Arizona, et al.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 19-15871 · judgment December 19, 2019

Certiorari denied · October 5, 2020

Pre-decision estimate: 0% cert probability

Before the decision, well below the 4.1% base rate: the model weighted this down for a self-represented petitioner.

Questions presented

Whether the Court of Appeals erred when it contravened long-established decisional law to deny a pro se habeas petitioner a certificate of appealability (COA) under the Anti-terrorism and Effective Death Penalty Act of 1996 (AEDPA); 28 USC §2253(c), and determined no jurist of reason could debate whether a district court could conduct a habeas review under §2254(d) without first obtaining for consideration the relevant record upon which the state court decision was based?
Whether the Court of Appeals is abusing the COA process under the AEDPA when it issues summary denial orders which contravene long-established principles of habeas review and controlling decisional law, to arbitrarily screen out pro se habeas cases from the heavy volume of cases flooding its docket?

For petitioner
Robert Ortloff

For respondent
—

Subject area
Criminal Procedure (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 1 conference

Oct 05 2020
Petition DENIED.
Aug 19 2020
DISTRIBUTED for Conference of 9/29/2020.
Apr 24 2020
Petition for a writ of certiorari filed. (Response due August 6, 2020)