Monday, September 17, 2018

1. US v. Blackstone, No. 17-55023 (9-12-18)(Clifton w/Schroeder & M. Smith).

This appeal raises whether Johnson recognizes a “new right” under then mandatory guidelines so as to make a petition timely. The 9th concludes that the Supreme Court has not yet held that the sentencing guidelines, mandatory at the time of the offense, are subject to a “new right” retroactive challenge under a Johnson vagueness challenge. “Johnson did not recognize a new right applicable to the mandatory Sentencing Guidelines on collateral review.” The 9th holds similarly for the petitioner’s firearms conviction.

There is now a circuit conflict.  The 9th joins three other circuits in holding no retroactive application for a new right (4th, 6th, and 10th).  The 7th Circuit is contrary. 

Tough fight waged by Alyssa Bell, AFPD Cal Central (Los Angeles).

The decision is here:

2.  Martinez v. Cate, No. 15-16433 (9-11-18)(Tashima w/Thomas & Christen).

A state habeas petition granted and new trial ordered for a Miranda/Edwards violation.  The detective pressured the petitioner and did not honor his request for counsel.

The decision is here:



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