Supreme Court of the United States · Official docket →
John Bejarano v. Jeremy Bean, Warden
IFP petition · United States Court of Appeals for the Ninth Circuit, No. 11-99000 · judgment May 2, 2025
Questions presented
Q UESTIONS P RESENTED (Capital Case)
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When reviewing a claim of ineffective assistance of counsel de novo, are courts permitted to credit hypothetical reasons for trial counsel’s errors irrespective of the record, as the Ninth Circuit did here, or must a court consider the record evidence in determining the reasonableness of trial counsel’s actions, as the Second, Third, Fifth, Seventh, Eighth, and Ninth (intra-circuit conflict) Circuits, as well as the D.C. Court of Appeals, have held?
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When reviewing a claim of ineffective assistance of counsel de novo, does a court’s extensive and material misapprehension of the underlying record violate federal law requiring prejudice to be assessed by reweighing the totality of the available mitigating evidence against the evidence in aggravation?
Counsel of record
For petitioner
David Severen Anthony
Federal Public Defender's Office
For respondent
Jeffrey Morgan Conner
Attorney General of the State of Nevada
Proceedings
- Jun 08 2026Petition DENIED.
- May 20 2026DISTRIBUTED for Conference of 6/4/2026.
- May 08 2026Reply of petitioner John Bejarano filed.
- May 01 2026Brief of respondent Jeremy Bean, Warden in opposition filed.
- Apr 15 2026Motion to extend the time to file a response is granted and the time is further extended to and including May 1, 2026.
- Apr 14 2026Motion to extend the time to file a response from April 17, 2026 to May 1, 2026, submitted to The Clerk.
- Mar 05 2026Motion to extend the time to file a response is granted and the time is extended to and including April 17, 2026.
- Mar 03 2026Motion to extend the time to file a response from March 4, 2026 to April 17, 2026, submitted to The Clerk.
- Jan 23 2026Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 4, 2026)
- Nov 17 2025Application (25A576) granted by Justice Kagan extending the time to file until January 23, 2026.
- Nov 13 2025Application (25A576) to extend the time to file a petition for a writ of certiorari from November 24, 2025 to January 23, 2026, submitted to Justice Kagan.