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Isaac Luna Ashton v. Rick Whitten, Warden

Paid petition · United States Court of Appeals for the Tenth Circuit, No. 22-5082 · judgment April 14, 2023


Certiorari denied · October 30, 2023
Pre-decision estimate: 4% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a dissent in the court below (flagged in the petition), and a Tenth Circuit decision below, and down for a state or local-government respondent.

Question presented

Whether the United States District Court For the Northern District of Oklahoma erred in denying Petitioner Ashton a Certificate of Appealability when it found that Petitioner Ashton’s ineffective assistance of counsel claims lacked merit? Whether the United States District Court For the Northern District of Oklahoma erred in denying a Certificate of Appealability when it found that Petitioner Ashton failed to satisfy the burden of persuasion for his ineffective assistance of counsel under the AEDPA? Whether the United States District Court For the Northern District of Oklahoma erred in denying Petitioner Ashton an evidentiary hearing for his claims? Whether the Court of Appeals for the Tenth Circuit erred in denying Petitioner Ashton a Certificate of Appealability when it affirmed the District Court’s recommendation?

Counsel of record

For petitioner
Robert L. Sirianni Jr.
Brownstone, P.A.

For respondent

Case

Conference history
Distributed for 1 conference

Linked docket
22A1099

Proceedings

  1. Oct 30 2023
    Petition DENIED.
  2. Oct 04 2023
    DISTRIBUTED for Conference of 10/27/2023.
  3. Aug 11 2023
    Petition for a writ of certiorari filed. (Response due September 18, 2023)
  4. Jun 21 2023
    Application (22A1099) granted by Justice Gorsuch extending the time to file until August 14, 2023.
  5. Jun 16 2023
    Application (22A1099) to extend the time to file a petition for a writ of certiorari from July 13, 2023 to September 11, 2023, submitted to Justice Gorsuch.