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Juan T. Tyler v. Luis Martinez, Warden
IFP petition · United States Court of Appeals for the Ninth Circuit, No. 24-1887 · judgment February 11, 2025
Question presented
I. Did the Prosecution Proved Beyond a Reasonable Doubt that the Shooter Premeditated and Deliberated an Attempted Murder? II. Did the Trial Court Deprive Tyler of Due Process and a Fair Trial by Failing to Instruct with the Lesser Included Offense of Attempted Voluntary Manslaughter? III. Did the Prosecutor Commit Prejudicial Misconduct During Closing Argument; Did Trial and Appellate Counsel Render Ineffective Assistance? IV. Did Trial and Appellate Counsel Render Ineffective Assistance (Claims I-III)? V. Did the Cumulative Effect of the Errors in Claims IIII Deprive Tyler of Due Process and a Fair Trial? VI. Did the Trial Court Err by Failing to Sua Sponte Instruct the Jury on the Affirmative Defense of Others?
Counsel of record
For petitioner
Rose Fay Arfa
Fay Arfa, A Law Corporation
For respondent
Kenneth Charles Byrne
California Attorney General
Case
Conference history
Distributed for 1 conference
Proceedings
- Oct 06 2025Petition DENIED.
- Aug 07 2025DISTRIBUTED for Conference of 9/29/2025.
- Jul 30 2025Waiver of right of respondent Luis Martinez to respond filed.
- May 05 2025Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 20, 2025)