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Deshawn Lee Campbell v. Dao Vang, Acting Warden

IFP petition · United States Court of Appeals for the Ninth Circuit, No. 23-1917 · judgment February 25, 2026


Pending

Question presented

I. Whether AEDPA deference defeats an obvious Napue claim despite this Court’s holding in Glossip v. Oklahoma, 604 U.S. 226 (2025). II. Given that “AEDPA . . . deference does not mean abdication,” whether AEDPA deference was a proper basis to condone racist appeals to “that thirteenth juror, prejudice” despite this Court’s “unceasing efforts” to eradicate exactly that. III. Whether federal courts err in denying a certificate of appealability for a Confrontation Clause / Crawford claim where the state introduced a plethora of out-of-court, testimonial, self-exculpating statements from an alternate suspect and the state’s justification for circumventing Crawford was transparently pretextual.

Counsel of record

For petitioner
Gary Kenneth Dubcoff
Law Office of Gary K. Dubcoff

For respondent
Michele Joette Swanson
CA Department of Justice, Attorney Generals Office

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Jul 23 2026
    DISTRIBUTED for Conference of 9/28/2026.
  2. Jul 21 2026
    Waiver of right of respondent Vang, Warden to respond filed.
  3. Jun 29 2026
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 3, 2026)