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Heidi R. Steward, Acting Director, Oregon Department of Corrections v. Frank E. Gable
Paid petition · United States Court of Appeals for the Ninth Circuit, No. 19-35427, 19-35436 · judgment September 29, 2022
Before the decision, about 3× the 4.1% base rate. The model weighted this up for a state or local-government petitioner, a Ninth Circuit decision below, and a dissent in the court below (flagged in the petition).
Questions presented
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Oregon Evidence Code Rule 804(3)(c), like Federal Rule of Evidence 804(b)(3)(B), allows admission of an out-of-court statement against penal interest only if the declarant is unavailable and the statement is supported by corroborating circumstances that clearly indicate its trustworthiness. Does that rule of evidence violate the Due Process Clause, as interpreted by Chambers v. Mississippi, 410 U.S. 284 (1973), when it excludes a third-party confession that is recanted by the declarant in court and inconsistent with known facts about the crime?
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Respondent did not present a Chambers claim in state court, but the Ninth Circuit reached the merits under Schlup v. Delo, 513 U.S. 298 (1995), which allows the courts to excuse a default when a habeas petitioner presents reliable new evidence establishing actual innocence. Are recantations by trial witnesses and a recanted third-party confession sufficient to satisfy Schlup?
Counsel of record
For petitioner
Benjamin Noah Gutman
Oregon Department of Justice
For respondent
Nell I. Brown
Office of the Federal Public Defender
Case
Conference history
Distributed for 2 conferences
Proceedings
- Apr 24 2023Motion for leave to proceed in forma pauperis filed by respondent GRANTED.
- Apr 24 2023Petition DENIED. Justice Kavanaugh would grant the petition for a writ of certiorari.
- Apr 17 2023DISTRIBUTED for Conference of 4/21/2023.
- Mar 29 2023DISTRIBUTED for Conference of 4/14/2023.
- Mar 24 2023Reply of petitioner Heidi R. Steward, Acting Director, Oregon Department of Corrections filed.
- Mar 17 2023Waiver of the 14-day waiting period for the distribution of the petition under Rule 15.5 filed by petitioner.
- Mar 16 2023Motion for leave to proceed in forma pauperis filed by respondent Frank E. Gable.
- Mar 16 2023Brief of respondent Frank E. Gable in opposition filed.
- Jan 19 2023Motion to extend the time to file a response is granted and the time is extended to and including March 17, 2023.
- Jan 18 2023Motion to extend the time to file a response from January 23, 2023 to March 17, 2023, submitted to The Clerk.
- Dec 20 2022Petition for a writ of certiorari filed. (Response due January 23, 2023)