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Stephen Edward May v. David Shinn, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al.
Paid petition · United States Court of Appeals for the Ninth Circuit, No. 17-15603, 17-15704 · judgment March 27, 2020
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
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Can a court find counsel’s conduct to be effective under Strickland v. Washington by positing strategies that hypothetically could have, but demonstrably did not, motivate counsel’s conduct?
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Is counsel’s uninformed decision on a crucial issue—such as consenting to post-mistrial deliberations by discharged jurors made without any investigation of law and facts—a strategic judgment entitled to deference under Strickland?
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Is counsel’s failure to preserve an obvious federal constitutional challenge to a state statute imposing on the defendant the burden to prove his innocent intent deficient performance under Strickland?
Counsel of record
For petitioner
Erica T. Dubno
Herald Price Fahringer PLLC d/b/a Fahringer & Dubn
For respondent
J. D. Nielsen
Arizona Attorney General's Office
Case
Conference history
Distributed for 1 conference
Amicus briefs
1 cert-stage
Proceedings
- Mar 29 2021Petition DENIED.
- Mar 10 2021DISTRIBUTED for Conference of 3/26/2021.
- Mar 10 2021Brief amicus curiae of National Association for Rational Sexual Offense Laws filed. (Distributed)
- Feb 12 2021Waiver of right of respondent David Shinn to respond filed.
- Jan 29 2021Petition for a writ of certiorari filed. (Response due March 11, 2021)