Supreme Court Report

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Isaias Lopez Nunez v. Martin Gamboa, Warden

IFP petition · United States Court of Appeals for the Ninth Circuit, No. 23-2562 · judgment March 21, 2025


Certiorari denied · October 6, 2025

Questions presented

  1. Whether the California courts’ and Ninth Circuit’s rejection of an Ex Post Facto Clause claim—where a more punitive law was applied at sentencing, eliminating a prior statutory eligibility for probation—violates clearly established U.S. Supreme Court precedent.

  2. Whether procedural default based on California’s contemporaneous objection rule applies to federal ex post facto claims, particularly where trial counsel’s failure to object constituted ineffective assistance of counsel, forfeiting any opportunity to request probation on three lewd act convictions. - ii -

Counsel of record

For petitioner
Benjamin Ramos
Law Office of Benjamin Ramos

For respondent
Christopher P. Beesley
Office of the Atty. Gen. of the State of CA

Case

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

Conference history
Distributed for 1 conference

Order
Order list, October 6, 2025 · Certiorari denied

Proceedings

  1. Oct 06 2025
    Petition DENIED.
  2. Aug 07 2025
    DISTRIBUTED for Conference of 9/29/2025.
  3. Aug 05 2025
    Waiver of right of respondent Martin Gamboa to respond filed.
  4. May 20 2025
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 25, 2025)